Today’s FLSA Question: I work for a municipal fire department. Everybody that works for the city [including the fire department] is paid on a weekly basis. However, firefighters do not receive overtime pay on a weekly basis. The firefighters overtime pay is included in every fourth paycheck. Why do firefighters have to wait? By the way, other city employees don’t ...
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Maryland Fire Investigators and County Settle FLSA Lawsuit
A group of fire investigators from the Prince George’s County Fire Department have settled an overtime lawsuit they filed last summer. The lawsuit, which was filed in federal court on June 18, 2020, on behalf of fourteen county fire investigators, alleged the county’s pay practices violated the FLSA. Specifically, the investigators claimed the county improperly classified them as §207(k) firefighters. ...
Read More »The FLSA’s §207(k) Exemption May Not Be an Option for Some Fire Departments
Today’s FLSA Question: I am a full-time paid fire chief for a private non-profit volunteer fire company. Over the past twenty-five years our organization has grown and required the hiring of several daytime staff personnel (training chief, fire marshal, assistant chief) to augment our core of volunteer and paid-on-call firefighters. But we are now in the process of hiring our ...
Read More »TN County Settles FLSA Misclassification Lawsuit with Two EMS Captains
Montgomery County, Tennessee has reached a settlement with two supervisory paramedics following a 2019 FLSA lawsuit for unpaid overtime. Emergency Medical Services Captain Gary Perry initially filed the lawsuit, on October 28, 2019. Perry’s main allegation related to the county’s failure to pay him and other EMS Captains overtime as required by the FLSA. Perry also claimed the county misclassified ...
Read More »VA Medics File Overtime Lawsuit
A group of fourteen paramedics filed a federal lawsuit last week alleging their employer, the City of Portsmouth Virginia, Fire Rescue and Emergency Services Department failed to pay them overtime as required by both the FLSA and Virginia law. According to the complaint, the medics work on a 14-day rotating schedule consisting of three 12-hour work shifts during the first ...
Read More »Prince George’s County, MD Fire Investigators File FLSA Suit
Fourteen fire investigators for the Prince George’s County Fire Department have filed a federal lawsuit in the U.S. District Court for the Southern District of Maryland, alleging the county violated the FLSA. The crux of the investigators’ claim lies with the way the county pays its fire investigators overtime, or more precisely, how many hours a fire investigator must work ...
Read More »MI City Ordered by DOL to Pay More Than $50K in Unpaid OT and Penalties to Four Police and Fire Department Employees
The U.S. Department of Labor (DOL) has ordered the City of Highland Park, Michigan to pay four current city employees $49,181 in back wages and another $1,368 in penalties following an investigation into the city’s pay policies. The investigation found violations in the way the city counted hours worked for certain city employees. Specifically, four city employees that work as ...
Read More »207(k) Exemption, Non-Firefighter Medics, and the FLSA
Today’s FLSA Question: I recently accepted a job as fire chief in a small combination fire department. We have a great mix of full-time, part-time, and paid-on-call firefighters. This department is much smaller than my previous employer and they do things a little differently. I am concerned about the way we pay our non-firefighter medics. Historically, the department hired from ...
Read More »Nevada firefighters File FLSA Suit
Two Storey County, Nevada firefighters have filed an FLSA suit against their employer, the Storey County Fire Protection District. The pair claim the district fails to pay them, and other similarly situated firefighters, overtime as required by the FLSA. Specifically, firefighters Victor Yohey and Chris Tillisch allege the district has a practice of not paying firefighters any FLSA overtime for ...
Read More »Light-Duty Firefighters and the FLSA’s 207(k) Exemption
Today’s FLSA Question: I am a union president for a mid-sized municipal fire department. We have several firefighters recovering from various long-term work-related injuries. The city requires injured firefighters return to work in a light-duty capacity as soon as possible. Historically, the firefighters worked five eight-hour days per week while on light duty. Between doctor’s appointments and therapy, light-duty firefighters ...
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