Tag Archives: wage and hour

Unpaid Commute vs. Paid Travel Time

Today’s FLSA Question: I am the fire chief of a full-time paid fire department with seven stations. Firefighters bid by seniority to a preferred station. We utilize an out-of-rank system to fill most vacancies within the officer ranks. This out-of-rank system requires senior firefighters to move up and cover vacant officer positions. This can result in firefighters being required to ...

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No Overtime for Washington State Battalion Chiefs

In what is likely to be the first of several legal decisions involving fire department shift commanders and Fair Labor Standards Act (FLSA) overtime eligibility, eight current and former Vancouver, Washington battalion chiefs (BCs) have lost their bids for FLSA overtime. This litigation began almost two years ago, after a small group of current and former BCs filed a federal ...

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Allegations of FLSA Regular Rate Violations Against CA Fire Department

Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...

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IN Firefighters File Lawsuit Seeking Overtime Pay

A group of fifteen firefighters and their local union, are suing the Town of Chesterton, Indiana, over unpaid overtime that dates back almost 10 years. The suit, which was filed on February 16, in the U.S. District Court for the Northern District of Indiana alleges the town has “willingly, deliberately and intentionally refused to pay Chesterton Firefighters for time and ...

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Virginia EMT Files FLSA Suit Against County

A Virginia emergency medical technician (EMT) has filed a federal lawsuit alleging his employer, Craig County, Virginia failed to pay he and other EMTs properly, in violation of the FLSA. Timothy Mason Kimble, an EMT for the county since 2016, makes two basic allegations on behalf of himself and other “similarly situated” individuals [other EMTs that have yet to join ...

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“Banking” Kelly Days and the FLSA

Today’s FLSA Question: Our firefighters work a 24/48 schedule on a 28-day work period. This combination results in firefighters scheduled to work either 9 or 10 twenty-four hour shifts every work period. In an effort to reduce FLSA overtime, the department provides the firefighters scheduled to work 10 shifts in the 28-day work period a Kelly Day. This equates to ...

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NY EMT Sues Village For Overtime Pay

A New York EMT is suing his employer for violations of both the Fair Labor Standards Act (FLSA) and New York wage and hour laws. Ronald Tappen, an EMT for the Lindenhurst Fire Department filed the lawsuit in the U.S. District Court for the Eastern District of New York on January 22. Tappen alleges the town failed to pay him ...

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Denying Unauthorized Overtime Can Prove Costly

Today’s FLSA Question: I am a fire chief. I recently had a lieutenant work past the end of his shift and submit an overtime request without authorization. I denied his request for overtime and reminded him that all non-emergency overtime must be pre-approved in advance. Now, the union has filed a grievance and the lieutenant is saying he may institute ...

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Tennessee City Rectifies Overtime Pay Issues with Firefighters

The City of Fayetteville, Tennessee has paid twenty-three current and former city firefighters a total of $92,515 after city officials discovered errors in the way overtime was calculated. City officials acknowledged a “discrepancy” related to firefighter overtime back in August 2018. It appears the city moved quickly to resolve the issue and avoided a protracted and often costly legal battle ...

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