Tag Archives: Wage and Hour Division

DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work

An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...

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DOL Finds Illinois Police Dept. Failed to Pay OT as Required by the FLSA

Following an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division, the City of East St. Louis, Illinois has been ordered to pay almost $160,000 in back wages and penalties to a total of 19 city police officers. The DOL investigation uncovered several FLSA violations. In particular, the DOL found that the city failed to pay police ...

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Guaranteed Overtime, Pay Smoothing, and the FLSA

Today’s FLSA Question: I am a firefighter for a city fire department. We have a total of 33 line firefighters and officers assigned to 2 stations on 3 shifts. We work 24 hours on duty, followed by 48 hours off-duty. Our department uses a 14-day work period and we receive overtime for all additional hours worked outside of our normally ...

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FLSA for Fire Departments – Update

The Fire Law Group is pleased to announce a series of advanced live three-hour webinars dedicated to the most important and challenging FLSA wage and hour issues impacting fire departments, firefighters, and other public safety professionals today. The first is scheduled for Wednesday, October 20, 2021 and is entitled: Calculating Regular Rate for Firefighters and other First Responders. This program ...

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DOL Issues New Guidance Related to the COVID-19 Pandemic Likely to Impact Firefighters, EMTs, and Other Essential Public Safety Personnel – Part I – Employer Mandated Temperature Checks

This is the first of several posts dedicated to new guidance issued by the U.S. Department of Labor (DOL) on wage and hour issues related to the COVID-19 pandemic and the compensability of certain health related job requirements and activities. The DOL’s Wage and Hour Division issued this guidance on April 26, 2021 as part of a new initiative entitled ...

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DOL Makes FLSA Mistakes More Costly for Employers

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 ...

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Firefighters, Mandatory Overtime, and the FLSA

Today’s FLSA Question: I have a question about mandatory overtime and the FLSA. If a firefighter is ordered to work an extra shift, doesn’t the FLSA require time and one-half pay for that shift? This is my situation. I am a full-time paid firefighter/paramedic. We work a 24/48 schedule with an assigned Kelly Day every three weeks. This combination results ...

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Shift Trades and Fire Department Recordkeeping Likely to Play A Crucial Role in Former Firefighter’s Discrimination and Harassment Lawsuit

The Kansas City, Kansas Fire Department is facing a harassment and discrimination lawsuit filed by a former city firefighter. The lawsuit, brought by former firefighter Jyan Harris in 2018, alleges the city improperly fired him in for “double-dipping” on several occasions in 2015. Harris’s trial began last Thursday, and early indications show that the Kansas City Fire Department’s recordkeeping practices ...

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Judge Rules that Kansas City Firefighters’ FLSA Lawsuit can Continue

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 ...

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