Three recently retired Gloversville, New York firefighters have filed a lawsuit in the U.S. District Court for the Northern District of New York claiming the City of Gloversville violated the FLSA. Recent Gloversville Fire Department retirees, James Anderson, Robert Davis, and David Rackmyre allege the city failed to properly administer its FLSA compensatory (comp) time program which resulted in the ...Read More »
Tag Archives: unpaid overtime
The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.
Specifically, the plaintiffs made two basic claims:
- First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
- Second, the plaintiffs also wanted holiday pay included in their regular rate.
A group of sixteen fire captains from the Marion County Fire and Rescue Department (MCFRD) filed a federal lawsuit last week claiming the county has violated the FLSA. In a complaint filed in the U.S. District Court for the Middle District of Florida, on September 18, 2019, the captains made two basic claims:Read More »
Today’s FLSA Question: Is a fire department required to pay firefighters for time spent off-duty attending mandatory paramedic training? Answer: As a general rule all mandatory job-related training is compensable. One would think that mandatory paramedic training would fall within this category of compensable training. However, as most regular readers of FirefighterOvertime.org are likely aware the FLSA and Department of ...Read More »
Illinois County Faces Lawsuit Filed By Homeland Security/Emergency Management Personnel Over White Collar Overtime Exemption
Cook County, Illinois is the latest employer dealing with an overtime lawsuit filed by county workers. Three Regional Coordinators for Cook County Department of Homeland Security and Emergency Management (DHSEM) filed a lawsuit on August 21, 2019 in the U.S. District Court for the Northern District of Illinois seeking unpaid overtime. Regional Coordinators Christopher Bruce, John David Daniel, and Brian ...Read More »
A lawsuit initially filed by only two Wisconsin paramedics in June 2018 has resulted in a settlement. The defendants in the suit—the Great Divide Ambulance Company and four different Wisconsin Townships—have agreed to pay twelve EMTs and medics a total of $255,000 to settle all overtime claims related to the suit. For more on the initial lawsuit: Wisconsin Medics Claim ...Read More »
Retired Division Chief Ronald Pelham has reached a $115,000 court approved settlement with the City of Monrovia, California following an FLSA lawsuit. Pelham alleged, in his September 2018 complaint that the Monrovia Fire Department misclassified him as an overtime exempt executive employee and failed to pay him any FLSA overtime. Pelham’s lawsuit was one of several filed across the country ...Read More »
Unites States Federal District Court Judge Rosanna Malouf Peterson has ruled in favor of thirteen Hanford, Washington fire captains in their pursuit of FLSA overtime. This judgement is the latest in a series of recent rulings involving fire officers and FLSA overtime eligibility. For more on those see: Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial ...Read More »
Paramedic Terry Rich has filed an FLSA lawsuit, on behalf of himself and other similarly situated individuals [i.e. other EMTs and medics Terry believes may have also been shorted straight time and overtime pay], against his employer, Putnam County Tennessee. Specifically, Terry claims Putnam County Emergency Services Department fails to pay EMTs for all hours worked every workweek, overtime for ...Read More »