Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...
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DOL’s PAID Program May Prove Useful for Fire Departments Seeking to Rectify Past FLSA Violations
Today’s FLSA Question: I am a newly appointed fire chief. I am very concerned about some of my department’s pay practices. In particular, payments made to firefighters for paramedic certification and longevity are not being included in their regular rate of pay. I want to resolve this issue. Based on my figures, we probably owe our firefighters around $60,000 in ...
Read More »California agrees to a total of $4.8 million in back wages to some CalFire firefighters
The State of California has agreed to pay almost 2000 firefighters a total of $4.8 million in back pay after shortchanging their regular rate over the past several years. According to The Sacramento Bee, the back wages will be going to approximately 1,900 CalFire firefighters that received cash payments in lieu of accepting employer sponsored medical benefits from May 2015 ...
Read More »DOL Announces Significant Relief for State and Local Government Employers for FLSA Violations
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—has announced a major policy shift related to liquidated damages in pre-litigation settlements following DOL investigations. As a result of this change, state and local government employers will likely be able to avoid any liquidated damages in the event a DOL ...
Read More »TN County and Medics Settle Overtime Lawsuit
Putnam County, Tennessee has reached a $280,000 settlement agreement with a group of current and former EMTs following a 2019 lawsuit over alleged FLSA violations. The suit, which was initially filed by a lone paramedic last July, contained three basic allegations. First, the county failed to pay for off-the-clock pre-and-post shift work, second, the county improperly implemented the “fluctuating workweek ...
Read More »Austin First Responders Upset Over City’s Hazard Pay Plans
The City of Austin, Texas has announced that some city employees will be receiving “hazard pay” as a result of working during the coronavirus outbreak. Austin officials have announced that some city workers will receive a one-time lump-sum payment as a reward for coming to work during the height of the pandemic. The one-time payment could be as much as ...
Read More »Air EMS Transport Company Settles Unpaid OT Claims with Over 400 Flight Crew Members for $78 Million
Air Methods, Inc., the country’s largest air medical transport company, has reached a $78 million settlement with approximately 450 current and former employees following a class-action lawsuit alleging the company failed to pay overtime as required by California law. Flight crew members filed their suit in California’s Alameda County Superior Court in 2013. They alleged Air Methods failed to pay ...
Read More »New DOL Rule Makes It Easier to Lower First Responder Pay
The U.S. Department of Labor (DOL) has announced a significant modification to an existing overtime rule for employees that work fluctuating hours from week to week. As a result, many first responders, including firefighters may find less money in their paychecks in the coming months. The new rule, set to take effect in July, alters the current stringent requirements necessary ...
Read More »Alabama City Boosts Essential City Workers’ Pay By 5 Percent in Response to Coronavirus
The Birmingham, Alabama City Council has approved a temporary 5 percent pay increase, or “hazard pay” for approximately 2,000 essential city workers. The increase, which is expected to cost the city approximately $500,000, is designed to help firefighters and other essential city workers operating on the front lines of the coronavirus pandemic. In addition to firefighters, police officers and correctional ...
Read More »Paramedics, Pre-and-Post Shift Activities, Retaliation, and the FLSA
Today’s FLSA Question: I was a paramedic for a local fire department. The department has a policy that requires medics brief each other face-to-face at the beginning and end of each 12-hour shift. Medics must fill each other in on the calls that were run, medications used and replaced, account for on-board narcotics, computer, and radio equipment. This process takes ...
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