Today’s FLSA Question: I am the fire chief of a full-time paid municipal fire department. Several of our firefighters and officers have been voluntarily attending on-campus classes in several different programs offered through the National Fire Academy (NFA). As a policy, the department provides these members with paid time off (without using vacation time or requiring shift trades) for all ...
Read More »Tag Archives: §207(k)
SC Firefighters Desperate for Community Support
Firefighters from Georgetown County, South Carolina are again attempting to raise public awareness regarding the ongoing critical firefighter and paramedic staffing shortage within the county. The Georgetown Professional Firefighters Association, Local 4526, has posted a three-page letter on its Facebook page that provides examples of how the “critical staffing shortage” is impacting the firefighters ability to serve the community. According ...
Read More »SC City to Provide Hazard Pay and a Bonus for COVID Vaccination
The City of Columbia, South Carolina has announced a new hazard pay and bonus program for city workers. The plan, which has been approved by the city council will provide firefighters, police officers, public works, and other “front-line workers” with a $2,500 one-time stipend for working through the pandemic. Other city workers will receive a $1,250 one-time stipend. Additionally, city ...
Read More »Congress Moves to Allow Federal Firefighters the Ability to Swap Shifts
Firefighters substituting for each other’s work shifts is common in today’s fire service. Most fire departments allow firefighters, and in some instances, other departmental employees the ability to freely substitute work shifts with each other. There are several reasons why so many fire departments allow personnel to substitute for each other. First and foremost is monetary. The FLSA and Department ...
Read More »8th Circuit Denies Kansas City Medics OT Claims
The U.S. Court of Appeals for the Eighth Circuit has found that the City of Kansas City, MO did not violate the FLSA when it adopted a new pay plan for fire department medics and classified existing Fire Medics as employees engaged in fire protection activities (a.k.a. §207(k) firefighters). The lawsuit was filed in 2017 by two different groups of ...
Read More »Cobb County Settles FLSA Suit with Fire Captain
Fire Captain David Simister and Cobb County, Georgia have agreed to a $30,000 settlement to end a lawsuit Simister filed in August 2020. Simister’s lawsuit, which was filed in the U.S. District Court for the Northern District of Georgia on August 13, 2020, contained allegations the county failed to pay overtime as required by the FLSA and that the county ...
Read More »Maryland Fire Investigators and County Settle FLSA Lawsuit
A group of fire investigators from the Prince George’s County Fire Department have settled an overtime lawsuit they filed last summer. The lawsuit, which was filed in federal court on June 18, 2020, on behalf of fourteen county fire investigators, alleged the county’s pay practices violated the FLSA. Specifically, the investigators claimed the county improperly classified them as §207(k) firefighters. ...
Read More »The FLSA’s §207(k) Exemption May Not Be an Option for Some Fire Departments
Today’s FLSA Question: I am a full-time paid fire chief for a private non-profit volunteer fire company. Over the past twenty-five years our organization has grown and required the hiring of several daytime staff personnel (training chief, fire marshal, assistant chief) to augment our core of volunteer and paid-on-call firefighters. But we are now in the process of hiring our ...
Read More »Judge Finds Lack of Established Work Period Results in Loss of §207(k) Exemption for One OH Fire Department
How important is establishing a qualifying work period for §207(k) firefighters? Officials from the Village of Highland Hills, a small suburb outside of Cleveland, found out this past week. In a succinct easy to read six-page opinion, U.S. District Court Judge James S. Gwin, found that the village had not established a work period and was therefore unable to claim ...
Read More »Virginia Beach Faces Overtime Lawsuit from EMS Captains
A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...
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Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional