Tag Archives: administrative exemption

Fire Service Implications from the Department of Labor’s Planned Minimum Salary Increases for White Collar Overtime Exempt Employees

The U.S. Department of Labor (DOL) is poised to increase the minimum the salary necessary to classify workers [including many high-ranking fire officers] as overtime exempt under the FLSA. The new rule, which will likely go into effect in early 2024 will raise the minimum required weekly salary for overtime exempt white-collar employees by $375 per week and the minimum ...

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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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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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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 ...

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Executive Exemption and Fire Officers

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

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Another Day, Another FLSA Settlement for CA Battalion Chiefs

The City of Encinitas, California is one step closer to resolving an FLSA overtime lawsuit filed by four current and former fire department battalion chiefs. Lawyers representing the city and the battalion chiefs filed a joint motion in federal court last week to approve a settlement reached following an April 2022 lawsuit. The settlement requires the city pay the battalion ...

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Selma AL Reaches “Confidential” Settlement Following FLSA Misclassification Lawsuit

The City of Selma, Alabama has reached an undisclosed “confidential” settlement with three fire department assistant fire marshals/fire investigators following their 2021 lawsuit for unpaid overtime, breach of contract, and FLSA retaliation. The plaintiffs’ complaint set forth three basic allegations. First, the plaintiffs claim the city misclassified them as overtime exempt employees in violation of the FLSA. Second, the city ...

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CA County Settles FLSA Suit with Former EMS Coordinator

A federal court in California has approved a global settlement of almost $150,000 to settle a lawsuit between Alameda County, California, and a former Emergency Medical Services Coordinator (EMS Coordinator). The settlement closely follows a 2021 lawsuit filed by Aram Bronston, an EMS Coordinator that was assigned as the county’s Regional Disaster Medical Health Specialist between November 2018 until his ...

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Georgia County Facing FLSA Lawsuit from Former Battalion Chief

Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...

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