Fire Prevention and Investigators, On-Call Pay, Regular Rate, and the FLSA

Today’s FLSA Question: I am the fire chief for mid-sized full-time fire department. Our fire prevention / investigation division has two full-time personnel that take turns being on-call after hours and weekends. Both of these personnel have take-home vehicles and respond after-hours to any confirmed structure fires or any suspicious fires. They divide on-call time between the two assigned personnel, ...

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Cobb County, Georgia Facing Another FLSA Lawsuit from a Battalion Chief

Cobb County, Georgia is no stranger to FLSA litigation. The county is yet again facing an FLSA lawsuit related to alleged misclassifying senior fire officers as overtime exempt executive employees. The most recent lawsuit contains very similar allegations as another misclassification lawsuit filed by a group of ten Cobb County battalion Chiefs last April. Cobb County Fire Department Battalion Chief ...

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Orlando District Chiefs File FLSA Lawsuit

A group of twenty-four current and former “District Chiefs” from the Orlando Fire Department have filed a lawsuit in federal court alleging the city misclassified them as overtime exempt employees in violation of the FLSA. This lawsuit is the latest in a series of similar lawsuits filed by high-ranking fire officers from across the country seeking overtime pay. Quoting from ...

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Jackson Mississippi Firefighters Push for Pay Raises

Tensions between firefighters and their fire chief are running high in Jackson, Mississippi over firefighter pay and the chief’s newly proposed budget. The chief’s proposed budget, which does not include any pay raises for city firefighters has the firefighters seeing red. As a result, Jackson firefighters are pushing back against their fire chief and requesting a vote of “no confidence” ...

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Hundreds of Los Angeles City Firefighter/Medics File FLSA Lawsuit Against the City

Over 400 current and former Los Angeles City Fire Department firefighter/medics have filed a federal lawsuit against the city alleging violations of the Fair Labor Standards Act (FLSA). The lawsuit, which was filed in the United States District Court for the Central District of California earlier this summer contains allegations that the city misclassified hundreds of firefighter/medics as employees engaged ...

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AMR Facing FLSA Lawsuit over Misclassifying EMTs and Paramedics as Independent Contractors

American Medical Response (AMR), the “nation’s largest provider of ground medical transportation” is facing an FLSA misclassification lawsuit from a former contract paramedic on behalf of himself, and other similarly situated individuals. The lawsuit, which was filed by former AMR medic Nathanial Dagley in the United States District Court for the District of Colorado, contains allegations that AMR misclassified Dagley ...

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Los Angeles County Fire Prevails in COVID Related FLSA Lawsuit

A federal judge has dismissed a lawsuit filed by a lone Los Angeles firefighter, on behalf of himself and “other similarly situated individuals” [a.k.a. other firefighters] for unpaid overtime while attending the county’s fire academy during the COVID-19 pandemic. The lawsuit, which was initially filed in state court only to be moved to federal court in July 2021, contained allegations ...

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Colorado City Facing FLSA Lawsuit from Fire Department EMTs

The City of Grand Junction, Colorado is facing an FLSA lawsuit from three fire department EMTs. The lawsuit, which was filed late last month in the United States District Court for the District of Colorado contains allegations that the city failed to pay the EMTs overtime after working 40 hours every 7-day workweek. The EMTs allege the city misclassified them ...

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Georgia County and Former Battalion Chief Settle FLSA Misclassification Lawsuit

Lumpkin County Fire Department, located in Dahlonega, Georgia has agreed to settle a 2022 FLSA misclassification lawsuit filed by a former battalion chief. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia, contained allegations the county improperly classified Battalion Chief Sharon Booth as an overtime exempt employee in violation ...

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