Two similar FLSA lawsuits have been filed by firefighters from two different West Virginia cities in the past week. The first, which my friend and colleague Curt Varone covered on his Fire Law Blog last Wednesday, contained allegations that the City of Clarksburg was improperly calculating its firefighter’s regular rate of pay in violation of the FLSA. [You can find ...
Read More »Tag Archives: attorneys’ fees
Court Orders Enforcement of FLSA Settlement Despite Objection by Firefighters’ Attorneys
What began as a typical lawsuit over breach of contract and the inclusion of longevity in a couple dozen Mississippi firefighter’s regular rate of pay in late 2022, ended in a rather unusual court ruling this past week. A federal magistrate Judge has ordered the enforcement of a settlement agreement negotiated between the City of Biloxi, Mississippi and thirty-five city ...
Read More »Lockheed Martin Settles 2022 FLSA Lawsuit with Firefighters for Close to $1 Million
Lockheed Martin [a global aerospace and defense contractor] has settled a 2022 FLSA lawsuit filed by a group of forty-nine industrial firefighters for a total of $949,996. The crux of the firefighter’s claims was that Lockheed Martin only paid its in-house firefighters’ overtime after they worked more than 48 hours per week. The FLSA requires non-public agency fire departments, pay ...
Read More »More than 500 LA City Fire Department Employees File FLSA Lawsuit
A group of more than 500 Los Angeles firefighters, captains, engineers, fire inspectors, and pilots filed have filed a class action lawsuit alleging that the city fails to include longevity pay, wellness bonuses, retirement incentive pay, special duty pay, platoon duty pay, and educational bonuses in their regular rate of pay in violation of the FLSA. The FLSA requires “all ...
Read More »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 ...
Read More »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 ...
Read More »Settlement Reached in Mobile K9 Officers’ FLSA Suit
The City of Mobile, Alabama has reached a settlement with three police officers assigned to the city’s K9 division following an FLSA lawsuit over unpaid worktime. The three claimed the city failed to compensate them for some “off-the-clock” work necessary to care for their assigned K9s. The FLSA and Department of Labor regulations require employers compensate overtime eligible employees for ...
Read More »FL Fire Protection District Faces Second FLSA Lawsuit in as Many Years
The Upper Captiva Fire Protection and Rescue Service District (district) is facing its second FLSA misclassification lawsuit from a former chief officer since 2021. The district provides fire and EMS services on the tiny island of North Captiva on Florida’s gulf coast. The island of North Captiva is located a few miles northwest of Ft. Meyers Beach and is only ...
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 »$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 »