Lone Honolulu Medic’s FLSA Lawsuit to Grow with Judge’s Ruling

A federal lawsuit filed by Honolulu paramedic Robert Hayslip will expand to include hundreds of other “similarly situated” EMTs and medics following a federal judge’s ruling last week. United States District Court Judge, Derrick K. Watson granted a motion filed by Hayslip’s attorneys to conditionally certify the lawsuit as a “collective action.” According to Hayslip’s attorneys, as many as 300 ...

Read More »

GA Battalion Chiefs File FLSA Lawsuit

Ten Cobb County, Georgia battalion chiefs have filed a federal lawsuit alleging the county has failed to pay them overtime as required by federal law. More specifically, the battalion chiefs claim the county misclassified them as overtime exempt “white collar” employees in violation of the FLSA. Quoting from the complaint: Within the last three years, and continuing to date, while ...

Read More »

Firefighters, Floating Kelly Days, and the FLSA

Today’s FLSA Question: My department provides all firefighters and officers [except for staff personnel assigned to 40-hour workweeks] 13 floating Kelly Days per year. In exchange for these Kelly Days, we do not receive any FLSA overtime for our scheduled work shifts. In the past, the department allowed two firefighters to use their floating Kelly Day on any given shift. ...

Read More »

Salina Kansas Prevails on FLSA Retaliation Claim made by Former Fire Captain

A federal judge has dismissed a former Salina, Kansas fire captain’s allegations of FLSA retaliation following his 2022 lawsuit against the city and the former fire chief. The lawsuit, which contains allegations of both state and federal law violations was initially filed in state court in early 2022. The city removed the action to federal court in April 2022, due ...

Read More »

Fire Chief’s Comp Time Cash Out at Retirement and the FLSA

Today’s FLSA Question: I recently read a news story about a fire chief that retired and received compensation for 93 comp time days in addition to his unused vacation and sick time. My question is specifically about the comp time buy-out. Assuming that each “day” equaled 8 hours of comp time, that equates to 744 hours of comp time. My ...

Read More »

Tulsa City Council Authorizes $1 Million Settlement in Firefighter FLSA Lawsuit

The City of Tulsa, Oklahoma is one step closer to resolving an FLSA lawsuit filed by nearly 500 Tulsa firefighters. This past Wednesday, the Tulsa City Council approved a settlement in the amount of $1,060,000. The firefighter’s complaint, which was filed in the United States District Court for the Northern District of Oklahoma in February 2022, contained several allegations related ...

Read More »

Louisiana Firefighters Fight for $13 an Hour

Full-time firefighters in Opelousas, LA make $9.50 per hour. Not surprisingly, the department is having trouble recruiting and retaining firefighters. According to firefighters, the city’s fire station even closes “every now and then” due to staffing shortages. Firefighters that normally work 24 hours on-duty followed by 48 hours off are working multiple continuous days and overtime shifts have become the ...

Read More »

$3 Million Reasons Why a Collectively Bargained ‘MOU’ Will Not Trump the FLSA’s Overtime and Regular Rate Requirements

Today’s FLSA Question: Can the terms of a negotiated agreement between a union and an employer [i.e., collective bargaining agreement, memorandum of understanding, etc.] supersede the FLSA’s overtime requirements? Answer: No, a negotiated agreement between a union and an employer will not supersede the FLSA’s overtime requirements. This is a relatively common misconception when it comes to the impact of ...

Read More »

Volunteer, Per Diem, and Full Time Firefighters and the FLSA

Today’s FLSA Question: I am a full-time paid firefighter in a small rural combination fire department. We have 12 full-time firefighters and another dozen active volunteers. Our department has strict rules that forbid our paid firefighters volunteering their time for the department. Recently, the department began allowing the volunteer firefighters the opportunity to pick up “per diem” shifts. The volunteers ...

Read More »

Virginia Congressman Proposes Legislation to Boost Federal Firefighter Pensions and Reduce the Average Workweek by 12 Hours

Congressman Gerry Connolly, a democrat from Virginia introduced legislation this past week aimed at improving pension benefits and working conditions for thousands of federal firefighters. The legislation, which is called the Federal Firefighter Pay Equity Act, contains two basic requirements. First, it requires the federal government to include overtime wages received by federal firefighters for working their normally prescribed work ...

Read More »