Tag Archives: §207(k)

The Richmond Virginia Fire Department is short twenty-four firefighters. This shortage has created a drastic increase in the department’s overtime budget. According to Fire Chief Melvin Carter between $85,000 and $135,000 is spent on overtime every two weeks. Even Keith Andes, President of the Richmond Firefighters Association, agrees that spending that much on overtime is “unsustainable.” The department has already ...

This past July the Spokane Valley Fire Department (SVFD) filed an unusual lawsuit against the union that represents Spokane Valley firefighters (IAFF Local 3701). SVFD wanted the court to issue a “declaratory judgement” that SVFD battalion chiefs and fire marshals were exempt from receiving FLSA overtime. A declaratory judgement is when a court is asked to issue a formal opinion ...

Today’s FLSA Question I run payroll for a municipal fire department. The fire chief wants to give firefighters an opportunity to work part time on their days off, staffing a city ambulance that transports sick and elderly patients home from the hospital, to doctors’ appointments, dialysis treatments, etc. Firefighters will be paid their regular hourly rate for all hours worked ...

Does your fire department use the fluctuating workweek method (FWW) of overtime compensation? A recent federal appeals court decision may have you looking for an alternative. Recently, the Fifth Circuit Court of Appeals limited the ability of some employers to use the FWW method of overtime compensation. Before we can discuss recent developments, let’s explain the FWW, and why you ...

The Austin City Council is set to review a new contract between the city and firefighters later this week. The new agreement changes, among other things, the way overtime is paid to the city’s firefighters. The agreement comes on the heels of a recent report that found overtime for the Austin Fire Department had increased 147 percent between 2014 and ...

Today’s FLSA Question I attended one of your Fair Labor Standards Act (FLSA) for Fire Departments seminars last year. I learned a great deal about the FLSA over those three days. However, I just took a promotional examination for deputy chief within my fire department and found the following question: Which of the following must be true in order for ...

For the second time in three years current and former Augusta-Richmond County firefighters have filed a federal lawsuit in the Southern District of Georgia claiming the county violated the Fair Labor Standards Act (FLSA). The firefighters claim the county failed to include EMT stipends in firefighter’s regular rate of pay. Determining the proper regular rate can be challenging at times ...

Four Richmond VA police officers are suing the city for unpaid overtime. The officers filing the law suit were assigned to former mayor, Dwight C. Jones’ “Executive Protection Unit” (EPU). This specialized unit provided security and transportation for the mayor.  According to the complaint, these officers worked and were paid “significant overtime” in the past.  However, EPU operations and costs ...

Today’s FLSA Question: I am a career fire captain who works a 24/48 schedule. Captains in my department are required to be on call and take a command vehicle home on certain days off. We are on call while off duty and must respond to any alarm requiring more than two pieces of apparatus. Calls like box alarms, building fires, ...

Dueling FLSA questions from two perspectives with the same answer. Fire Chief’s question: Our fire department began providing our firefighters with annual physicals several years ago. It was a tough sell in tough fiscal times but it was mandated by OSHA and we really had no choice. We try to schedule personnel while they are on duty, but one of ...