Firefighters Traveling Out-of-State To Spec / Inspect Apparatus Can Cause FLSA Headaches

Today’s Advanced FLSA Question: What are the potential wage and hour concerns associated with sending non-exempt firefighters out of state to spec and/or inspect new fire apparatus? Answer: Good question. Believe it or not, this is a very advanced question. Allowing overtime eligible employees [like firefighters] to engage in work-related travel without considering the potential wage and hour implications is ...

Read More »

Lockheed Martin Settles 2022 FLSA Lawsuit with Firefighters for Close to $1 Million

Lockheed Martin [a global aerospace and defense contractor] has settled a 2022 FLSA lawsuit filed by a group of forty-nine industrial firefighters for a total of $949,996. The crux of the firefighter’s claims was that Lockheed Martin only paid its in-house firefighters’ overtime after they worked more than 48 hours per week. The FLSA requires non-public agency fire departments, pay ...

Read More »

Baltimore County Fire Shutting Down Companies Due to High OT Costs

According to the Baltimore County Professional Firefighters Association a significant staffing shortage along with an overspent annual overtime budget has led the county to expand the practice of shutting down two engine companies during weekday daytime hours to avoid overtime pay. According to the county, it is “re-directing personnel” during weekday hours from their normal positions to help train new ...

Read More »

Philly Facing Off-the-Clock FLSA Suit

A police K9 officer from Philadelphia has filed a lawsuit against the city on behalf of himself and other “similarly situated” individuals for violations of the FLSA and state wage and hour laws. The lawsuit, which was filed in federal court on December 29, 2023, contains allegations that the city failed to adequately compensate the officer and other officers for ...

Read More »

Delaware Representative Wants Mandatory Overtime Included in Firefighter and Police Pension Calculations

Delaware State Representative Cyndie Romer has introduced legislation that would include some overtime pay in local police and firefighter pension calculations. House Bill 266 – AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN was introduced by Representative Romer earlier this month in the Delaware General Assembly. The bill would make ...

Read More »

LA City Police Officers File FLSA Regular Rate Lawsuit Over Out-of-Rank Pay

The City of Los Angeles is facing an FLSA lawsuit from four city police officers. The lawsuit, which was filed in the U.S. District Court for the Central District of California contains allegations that the city is violating the FLSA by failing to include all “remuneration” in the officers’ regular rate of pay. More specifically, the officers claim the city ...

Read More »

FDNY Facing Another FLSA Suit from Medics and EMTs

A large group of FDNY emergency medical technicians and paramedics filed a federal lawsuit late last week alleging that the City of New York’s pay practices violate the Fair Labor Standards Act (FLSA). The lawsuit, which contains several claims including uncompensated off-the clock work, regular rate violations, and failure to timely pay overtime compensation was filed in the U.S. District ...

Read More »

Volunteer Firefighter Compensation and the FLSA

Today’s FLSA Question: I am a fulltime chief of a combination fire department. We have a mix of volunteer and paid firefighters. Like many folks, we are struggling with recruitment and retention within all of our ranks, but especially within our volunteers. Recently, some of our neighboring departments began offering their volunteers an hourly rate instead of a stipend. Some ...

Read More »

Bonuses for Collateral Duties and the Regular Rate

Today’s FLSA Question: I am the administrator for a fulltime fire and EMS district. We have several personnel that work part-time collateral positions within our organization. These collateral positions include training officer, EMS coordinator, and HAZMAT officer. Personnel receive overtime when working in these capacities outside of their normal work hours, however they also spend a great deal of their ...

Read More »

More than 500 LA City Fire Department Employees File FLSA Lawsuit

A group of more than 500 Los Angeles firefighters, captains, engineers, fire inspectors, and pilots filed have filed a class action lawsuit alleging that the city fails to include longevity pay, wellness bonuses, retirement incentive pay, special duty pay, platoon duty pay, and educational bonuses in their regular rate of pay in violation of the FLSA. The FLSA requires “all ...

Read More »