Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional
The Bartlesville, Oklahoma City Council is poised to approve a settlement offer intended to resolve a lawsuit filed in federal court last week by 75 current and former city firefighters. The firefighters’ complaint contains allegations that the city violated the FLSA by failing to include “various stipends” in their regular rate of pay. According to the complaint, these stipends include: “out of classification pay, longevity pay, certification pay (including emergency medical technician (EMT) certification, paramedic certification, council on law enforcement education and training certification, and defibrillator certification), uniform allowance, unused sick leave bonuses, and education incentive pay.”
According to city officials, the firefighters’ attorneys initially brought concerns over the firefighters’ regular rate to the city’s attention last November. Upon further review it was found that the city’s collective bargaining agreement and past pay practices with the firefighters “likely violated” the FLSA. As a result, the city and IAFF Local 200 [the union representing the firefighters], negotiated a new contract that included revised FLSA-compliant pay practices effective July 1, 2024. Here, the settlement is intended to compensate the impacted firefighters from January 1, 2021, through the new contract.
The terms of the proposed settlement include $63,106.69 in back pay to the 75 current and former firefighters, $53,196.50 in liquidated damages, and $6,841.50 in attorneys’ fees for the firefighters’ attorneys.
Allegations of regular rate violations continue to be the most common way that a fire department will face FLSA related litigation. It is critical that professionals responsible for paying firefighters and other public safety workers understand that the FLSA’s minimum standards cannot be reduced or waived under any collective bargaining agreement. This fact is often misunderstood. Terms of a collective bargaining agreement found to be in violation of the FLSA are unenforceable.
Do you have questions about properly calculating a firefighter’s regular rate of pay? If yes, please join us on December 4, 2024, for Advanced FLSA: Calculating the Regular Rate for Firefighters and other First Responders.
Click here for more on the story from BartlesvilleRadio.com. Including a copy of the firefighters’ complaint and proposed settlement documents.
