The City of Encinitas, California is the latest city to face an FLSA overtime lawsuit from a fire department battalion chief. The lawsuit, which was filed in the U.S. District Court for the Southern District of California on April 8, alleges the city misclassifies battalion chiefs as overtime exempt employees in violation of the FLSA. As of now, the lawsuit ...
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Illinois 911 Dispatchers File FLSA Lawsuit Following DOL Investigation
Several current and former civilian emergency (911) dispatchers from Evanston, Illinois have filed a lawsuit alleging the City of Evanston failed to pay them overtime as required by both federal and state law. The dispatchers allege, in a complaint filed in the U.S. District Court for the Northern District of Illinois on April 4, that the city has a practice ...
Read More »NJ Police Officers Prevail in FLSA Lawsuit Over Uncompensated Pre-Shift Work Activities
A federal judge has found in favor of a group of thirty Pemberton Township, New Jersey police officers and sergeants following their 2014 lawsuit over uncompensated pre-and-post shift work activities. The judge’s decision, which came after eight years of litigation and a 4-day bench [non-jury] trial found that Pemberton Township failed to pay the officers for time spent preparing their ...
Read More »Voluntary Attendance at Work-Related Conferences and the FLSA
Today’s FLSA Question: I am a fire chief for a small suburban fire department. Our local fire chiefs’ association is hosting a one-day presentation on leadership to be held at a neighboring community’s recreation facility. I am encouraging many of my personnel to attend what I believe will be a very valuable and worthwhile learning opportunity. Additionally, I will reimburse ...
Read More »Small Innovative City in Washington State Places Police Officers on 48/96 Firefighter Schedule
The City of Kittitass, Washington, a small city with a population under 2,000 people located in central Washington state, has adopted a highly unique, yet increasingly popular schedule for its law enforcement officers. According to Police 1, Police Chief Aaron Nelson struggled with maintaining police coverage twenty-four hours per day, seven days per week for the small city with only ...
Read More »KC Reaches $2 Million Settlement with Firefighters Following 2019 FLSA Lawsuit
The City of Kansas City, Missouri has reached a global settlement with 383 current and former city firefighters following their 2019 lawsuit for alleged violations of the FLSA. The firefighters alleged in the lawsuit, which was filed in the United States District Court for the Western District of Missouri on February 8, 2019, that the city failed to include specialty ...
Read More »Battalion Chiefs, Straight Time Overtime, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...
Read More »West Virginia City Reaches $1.75 Million Settlement with Firefighters Following Holiday Pay Lawsuit
The City of Martinsburg, West Virginia has reached a $1.75 million settlement with a group of thirty-seven current and former city firefighters following a 2018 lawsuit over holiday pay. The settlement ends more than three years of legal wrangling between the city and firefighters that eventually made it all the way to the West Virginia Supreme Court. The firefighters had ...
Read More »Iowa City Looks to Settle FLSA Lawsuit over Misclassification of Fire Captains and Battalion Chiefs
The City of Muscatine, Iowa is the latest city looking to settle an overtime lawsuit filed by several senior fire officers. In a September 2021 lawsuit, a group of five firefighters alleged the city improperly classified fire captains and battalion chiefs as overtime exempt employees. According to the firefighters, the city changed pay practices and started paying captains overtime in ...
Read More »Virginia Battalion Chiefs File FLSA Lawsuit
A group of ten Alexandria, Virginia battalion chiefs filed an FLSA lawsuit this past week alleging the city improperly classifies them as overtime exempt “white-collar” employees in violation of both federal and state law. According to the complaint, six of the battalion chiefs are assigned to 24-hour shifts and serve as “Operational Battalion Chiefs.” The remaining four plaintiffs work a ...
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