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 ...
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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 »Second Circuit Rejects FDNY Appeal, EMTs and Medics One Step Closer to $17.8 Million FLSA Payout
The United States Court of Appeals for the Second Circuit has rejected an appeal filed by the City of New York following a 2019 jury verdict that awarded almost $18 million in unpaid wages, overtime, and damages to a class of more than 2,500 FDNY EMTs and paramedics. This most recent decision “might” signal an end to this long and ...
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 »DOL Investigation Finds Wildland Firefighters and Truck Drivers Owed More Than $150K in Back Wages and Overtime Pay
The Department of Labor (DOL) has found that a federal contractor hired by the United States government to combat “some of the nation’s worst wildfires” failed to properly compensate dozens of firefighters and truck drivers in violation of several federal statutes and DOL regulations. The violations occurred between June 2019 and October 2021 when these workers were deployed to fight ...
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 »$1.575 Million Settlement in Milwaukee Fire Department FLSA Suit
The City of Milwaukee, Wisconsin has proposed a settlement of more than $1.5 million with several hundred city firefighters following a 2020 FLSA lawsuit. The settlement, which still requires court approval, allocates up to $1.15 million for back wages and damages, up to $400k for the firefighters’ attorneys, another $25k for court costs, and an additional $5k for the firefighter ...
Read More »More Litigation in Morgantown
Lawyers representing almost one-hundred Morgantown, West Virginia firefighters and police officers filed four separate lawsuits against the city this past week. In addition to the lawsuits, the unions that represent the city’s police officers and firefighters also announced “no-confidence” votes in the city council, city manager, and human resources director. The firefighters and police officers claim that recent reductions in ...
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