The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...
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DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work
An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...
Read More »Portsmouth VA Settles FLSA Suit with Paramedics Absent Trial
The City of Portsmouth, Virginia has reached a settlement with a group of fifteen paramedics ending an FLSA lawsuit filed in late 2020. The medics alleged the city failed to pay them overtime as required by the FLSA and Virginia Law. For more on the medics’ claims, including a copy of the complaint, click here. The terms of the settlement ...
Read More »NYC Settles FLSA Lawsuit with Four FDNY Motor Vehicle Operators for more than $400K
The City of New York has agreed to pay four current and former FDNY Motor Vehicle Operators (MVOs) and their attorneys a total of $429,901.18 to settle an unpaid overtime lawsuit. The MVOs, filed the lawsuit in June 2019, alleging the city failed to pay them for required pre-and-post shift activities (i.e., off-the-clock work), time spent working during unpaid meal ...
Read More »DOL Finds Illinois Police Dept. Failed to Pay OT as Required by the FLSA
Following an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division, the City of East St. Louis, Illinois has been ordered to pay almost $160,000 in back wages and penalties to a total of 19 city police officers. The DOL investigation uncovered several FLSA violations. In particular, the DOL found that the city failed to pay police ...
Read More »DOL Makes FLSA Mistakes More Costly for Employers
On April 9, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago. As a general rule, the FLSA requires liquidated damages be assessed after finding an employer violated the Act’s minimum wage or overtime requirements. Liquidated ...
Read More »Alabama Fire Inspectors File FLSA Overtime and Retaliation Lawsuit
The City of Selma, Alabama is the latest city facing an FLSA lawsuit filed by city firefighters. Three Assistant Fire Marshals/Fire Inspectors filed the suit, in the U.S. District Court for the Southern District of Alabama, on April 19, 2021. Richard C. Byrd, Willie J. Mason Jr., and Aeneas L. Pettway allege that the city failed to pay them overtime ...
Read More »Judge Rules that Kansas City Firefighters’ FLSA Lawsuit can Continue
A federal magistrate Judge has ruled that an FLSA overtime lawsuit brought by more than 450 Kansas City, Missouri firefighters can continue as a collective action. The lawsuit, which was initially filed in 2019 by only two city firefighters, had grown to include more than 450 total firefighters. The city argued the firefighters lacked a “common interest” and as a ...
Read More »Settlement Reached in Indiana FLSA Retaliation Lawsuit
The City of Tipton, Indiana has reached a a settlement with a veteran firefighter following an FLSA overtime and retaliation lawsuit. The Tipton City Council unanimously approved a maximum settlement of $18,763.42 to resolve a lawsuit filed last fall by veteran city firefighter Chad Frazier. Firefighter Frazier brought the lawsuit in September of 2020, alleging the city failed to pay ...
Read More »Failure to Include Cash In-lieu Payments in Regular Rate Costs A California City More than $1.2 Million
The City of Davis, California recently settled an FLSA lawsuit filed by a small group of city firefighters for a total of $1,268,912. The lawsuit, which was filed on July 26, 2016, in the U.S. District Court for the Eastern District of California, was centered around whether payments made directly to firefighters in lieu of receiving employer sponsored medical benefits ...
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