Tag Archives: DOL

The City of Gadsden and ninety-four current and former city firefighters and officers of various ranks have reached a global settlement following a 2022 FLSA lawsuit. The firefighter’s initial complaint, which was filed in federal court in May 2022 was limited to alleged violations of the firefighters’ regular rate of pay. However, that complaint was amended in August 2022 to ...

Two-hundred and twenty-three Fort Wayne, Indiana firefighters have filed a lawsuit in federal court alleging the City of Fort Wayne isn’t calculating their overtime pay as required by the FLSA. The lawsuit was filed in the United States District Court for the Northern District of Indiana on August 15, 2024. The firefighters claim the city is calculating their regular and ...

A federal judge in South Carolina has dismissed an FLSA misclassification lawsuit filed by a former firefighter/medic without the need for a trail. United States District Court Judge Bruce Howe Hendricks granted Jasper County’s request to dismiss the 2021 lawsuit filed by Heather Davis, a former firefighter/medic for Jasper County’s Emergency Services Department. In the lawsuit, Davis alleged that the ...

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 ...

A North Carolina EMS Captain has filed a lawsuit against The Cooks Community Volunteer Fire Department, Inc., alleging violations of the FLSA. Captain Christopher Crump filed the suit in federal court on February 26, 2024. Crump’s primary claim is the that his department fails to pay him and other similarly situated firefighters overtime after working more than 40 hours in ...

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 ...

Today’s Advanced FLSA Question: What are the potential wage and hour concerns associated with sending non-exempt firefighters out of state to spec and/or inspect new fire apparatus? Answer: Good question. Believe it or not, this is a very advanced question. Allowing overtime eligible employees [like firefighters] to engage in work-related travel without considering the potential wage and hour implications is ...

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 ...

The City of Los Angeles is facing an FLSA lawsuit from four city police officers. The lawsuit, which was filed in the U.S. District Court for the Central District of California contains allegations that the city is violating the FLSA by failing to include all “remuneration” in the officers’ regular rate of pay. More specifically, the officers claim the city ...

Today’s FLSA Question: I am a fulltime chief of a combination fire department. We have a mix of volunteer and paid firefighters. Like many folks, we are struggling with recruitment and retention within all of our ranks, but especially within our volunteers. Recently, some of our neighboring departments began offering their volunteers an hourly rate instead of a stipend. Some ...