Tag Archives: executive exemption

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 ...

Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...

Today’s FLSA Question: I am a fire chief for a small full-time fire and EMS department. The folks at town hall just announced a new town-wide policy that requires all senior-level administrative staff [including myself and my assistant chief] be financially responsible for any costs associated with the loss, theft, or damage of any department issued electronic device. This includes ...

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 ...

In today’s Fire Law VLOG, Curt and Bill discuss the fire service implications related to an expected increase in the minimum salary requirements for overtime exempt white-collar [EAP] employees. Do you have questions about the FLSA and how it applies to firefighters and other first responders? Please consider attending the next FLSA for Fire Departments Live Webinar scheduled for June ...

According to AFGE Local 4060, the union that represents thousands of Federal Emergency Management Agency [FEMA] workers, a $16.5 million settlement has been reached following a 2018 grievance for unpaid overtime. According to the union’s president Steven Reaves the bulk of the settlement funds will be distributed to effected employees based on various factors and data and will likely take ...

Today’s FLSA Question: I am an overtime exempt battalion chief for a full-time fire department. I do not receive any overtime pay for my scheduled work shifts or for required meetings or trainings. I receive extra pay for working additional hours on other shifts. For example, if one of the other two battalion chiefs is on vacation or takes a ...

The Livingston Parish Fire Protection District 5, in Denham Springs, Louisiana is facing an FLSA lawsuit filed by a former fire district employee. Former Livingston Parish Captain Brian Jackson filed the lawsuit last week in U.S. District Court for the Middle District of Louisiana. Jackson’s complaint contains two basic allegations. First, the district failed to pay Jackson and other unnamed ...

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 ...

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 ...