Tag Archives: unpaid overtime

Seventeen Fire Captains from Marion County Fire and Rescue (MCFR), in Marion County, Florida have reached a settlement with the county following a 2019 lawsuit alleging they were misclassified as overtime exempt executives. The settlement, which still must be approved by the court, requires the county to pay a total of $725,000 to the captains and their attorneys. The settlement ...

On April 9, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago. As a general rule, the FLSA requires liquidated damages be assessed after finding an employer violated the Act’s minimum wage or overtime requirements. Liquidated ...

The City of Selma, Alabama is the latest city facing an FLSA lawsuit filed by city firefighters. Three Assistant Fire Marshals/Fire Inspectors filed the suit, in the U.S. District Court for the Southern District of Alabama, on April 19, 2021. Richard C. Byrd, Willie J. Mason Jr., and Aeneas L. Pettway allege that the city failed to pay them overtime ...

A federal magistrate Judge has ruled that an FLSA overtime lawsuit brought by more than 450 Kansas City, Missouri firefighters can continue as a collective action. The lawsuit, which was initially filed in 2019 by only two city firefighters, had grown to include more than 450 total firefighters. The city argued the firefighters lacked a “common interest” and as a ...

The City of Tipton, Indiana has reached a a settlement with a veteran firefighter following an FLSA overtime and retaliation lawsuit. The Tipton City Council unanimously approved a maximum settlement of $18,763.42 to resolve a lawsuit filed last fall by veteran city firefighter Chad Frazier. Firefighter Frazier brought the lawsuit in September of 2020, alleging the city failed to pay ...

The City of Texarkana, Texas is struggling to rebuild its internal payroll functions following a December 2020 cyber-attack. The attack, which corrupted and destroyed payroll data maintained by the city’s finance and human resource departments was initially discovered on December 6, 2020. In response to the breach, the city continued to pay impacted employees based on the last known accurate ...

A Wake County, North Carolina paramedic has filed a federal lawsuit alleging the county’s time tracking system fails to pay paramedics overtime as required by the FLSA. Paramedic Steven Gorrell filed this lawsuit, on behalf of himself and other similarly situated individuals, in the U.S. District Court for the Eastern District of North Carolina on March 16, 2021. [As a ...

The City of Lawrence, Kansas has voluntarily agreed to pay $998,600 to 24 police sergeants, 21 fire captains, and 3 other city employees following a recent FLSA review. The review, which was requested by a group of fire captains in 2019, found that the city improperly classified numerous city employees as overtime exempt. As a result of the city’s misclassification ...

Today’s FLSA Question: I am a full-time paid firefighter working for a small fire department with 13 full-time firefighters. We work 24 hours on duty, followed by a 48 hours off-duty for an average of 56 hours per week. My department has a strange way of paying overtime. Instead of paying firefighters for overtime worked in a regular bi-weekly paycheck; ...

The City of Davis, California recently settled an FLSA lawsuit filed by a small group of city firefighters for a total of $1,268,912. The lawsuit, which was filed on July 26, 2016, in the U.S. District Court for the Eastern District of California, was centered around whether payments made directly to firefighters in lieu of receiving employer sponsored medical benefits ...