Tag Archives: wage and hour

Holiday Pay Battle Between WV City and Firefighters Continues

The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...

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SC City to Provide Hazard Pay and a Bonus for COVID Vaccination

The City of Columbia, South Carolina has announced a new hazard pay and bonus program for city workers. The plan, which has been approved by the city council will provide firefighters, police officers, public works, and other “front-line workers” with a $2,500 one-time stipend for working through the pandemic. Other city workers will receive a $1,250 one-time stipend. Additionally, city ...

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Congress Moves to Allow Federal Firefighters the Ability to Swap Shifts

Firefighters substituting for each other’s work shifts is common in today’s fire service. Most fire departments allow firefighters, and in some instances, other departmental employees the ability to freely substitute work shifts with each other. There are several reasons why so many fire departments allow personnel to substitute for each other. First and foremost is monetary. The FLSA and Department ...

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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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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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