Osceola County, Florida, and a group of fourteen current and former fire department battalion chiefs have reached a settlement following a 2024 misclassification lawsuit. The battalion chiefs claimed that the county misclassified them as overtime exempt executives in violation of the FLSA. The county countered that the battalion chiefs were “properly classified” and denied all of their claims. However, according ...
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Orlando District Chiefs Allege Retaliation Following FLSA Misclassification Lawsuit
The City of Orlando is facing allegations of retaliation from several District Fire Chiefs following a recent federal lawsuit over unpaid overtime. According to the district chiefs, the city has announced wide-spread transfers among high-ranking city fire officers. The transfers will move several dozen Orlando Fire Department District and Assistant Chiefs to different shifts and stations. The district chiefs are ...
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 »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 ...
Read More »CA Fire Protection District Settles FLSA Overtime Lawsuit with Two Former Battalion Chiefs
The Rancho Santa Fe Fire Protection District has settled a lawsuit filed earlier this year by two former fire department battalion chiefs. The settlement, which was approved by U.S. District Court Judge, Janis L. Sammartino on January 9, 2023, requires the district to pay a total of $99,000 to settle the former battalion chiefs’ overtime lawsuit. The two battalion chiefs ...
Read More »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 ...
Read More »Allegations of FLSA Misclassification and Retaliation from Indiana Battalion Chiefs
Three “former” Battalion Chiefs from the Portage, Indiana Fire Department filed a lawsuit in federal court last week claiming the city of Portage failed to provide them overtime pay as required by both the FLSA and Indiana state law. Additionally, the chiefs’ complaint alleges that the city has unlawfully retaliated against them in violation of the FLSA. Specifically, the chiefs ...
Read More »Retired Georgia Battalion Chief Files Lawsuit for Unpaid Overtime and Breach of Contract
A recently retired battalion chief from the Roswell, Georgia Fire Department has filed a federal lawsuit against the City of Roswell alleging the city’s pay practices violate both the FLSA and state laws. Retired Battalion Chief Edwin Vickery filed the lawsuit on July 28, 2022, in the U.S. District Court for the Northern District of Georgia. Here is a breakdown ...
Read More »California City Faces FLSA Overtime Lawsuit from Battalion Chief
The City of Encinitas, California is the latest city to face an FLSA overtime lawsuit from a fire department battalion chief. The lawsuit, which was filed in the U.S. District Court for the Southern District of California on April 8, alleges the city misclassifies battalion chiefs as overtime exempt employees in violation of the FLSA. As of now, the lawsuit ...
Read More »Battalion Chiefs, Straight Time Overtime, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...
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