Today’s FLSA Question: I am the Fire Marshal for a mid-sized fire department. The town considers my position overtime exempt. I have been pressing town hall for an explanation of why my position is classified this way. The HR Director initially told me I was an overtime exempt executive employee. However, I informed him that exempt executives must supervise other ...
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DOL Rings in the New Year with Updated FLSA Regs Likely to Impact Many Fire Departments – Part II – The Regular Rate
This is the second of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I. The updated regulations will undoubtedly affect many workers in different ways. However, for the purpose of this series, we will look at several key components of the update and how it may impact ...
Read More »Firefighters, Overtime, and the Fair Labor Standards Act (FLSA)
Firefighters, Overtime, and the Fair Labor Standards Act is the title of an article appearing in this month’s Firehouse Magazine. The article was written by my friend and colleague Curt Varone. The article is based on Curt’s Fire Litigation Database and delves into the top five reasons fire departments are getting sued under the FLSA. In the following podcast, Curt ...
Read More »Firefighters, Retroactive Pay Raises and the FLSA
Today’s FLSA Question: I am a full-time firefighter. I recently left my first firefighting job in a small combination department. I worked there for almost 5 years before moving onto a bigger department. My former colleagues at this small combination department recently settled a long-running contract dispute with the town. As a result of this settlement, the firefighters will be ...
Read More »DOL Rings in the New Year with Updated FLSA Regs Likely to Impact Many Fire Departments
The Department of Labor (DOL) will be implementing several important updates to regulations related to the FLSA over the next few weeks. These updates include an increase in the minimum salary required for overtime exempt “white-collar” employees and critical changes to DOL regulations related to the regular rate of pay. It would be nearly impossible to properly address these changes ...
Read More »$1.25 Million Settlement Reached in FLSA Suit by TN Correctional Employees for Unpaid Work Before and After Scheduled Shifts
Madison County, Tennessee, has agreed to a $1.25 million settlement with over 100 county employees following an FLSA lawsuit filed earlier this year. In July 2019, Natasha Grayson filed the suit in the U.S. District Court from the Western District of Tennessee on behalf of herself and other similarly situated county employees. The suit quickly grew to include over 100 ...
Read More »EMTs Awarded $14.4 Million In Back Pay and Damages Following FLSA Verdict Against FDNY
The City of New York has been ordered to pay a total of 2,519 current and former FDNY EMTs, medics, and Fire Safety Inspectors (EMTs) $14,477,026 in back pay and liquidated damages after being found liable of violating the FLSA. On October 24, 2019 a jury unanimously found the city failed to pay EMTs for time spent working before and ...
Read More »Training Required for Promotion and the FLSA
Today’s FLSA Question: I am an HR director for a mid-sized city. The fire chief wants to require all future officers possess NFPA 1041 (Fire Service Instructor) and 1021 (Fire Officer I) certification prior to getting promoted. The chief tells me these classes are frequently offered at the state fire academy at a minimal cost. The chief also believes these ...
Read More »AZ Fire District Facing Unpaid Overtime and FLSA Retaliation Lawsuit from Office Manager Responsible for Payroll
Hazel “Pepper” Corbin, a civilian office employee for the Arizona City Fire District, has filed a federal lawsuit alleging the district failed to pay her overtime as required by the FLSA and state law. Corbin’s suit, which was filed in the U.S. District Court for the District of Arizona on December 2, makes rather common wage and hour allegations against ...
Read More »Georgia Battalion Chiefs File FLSA Suit
Three Newton County, Georgia Battalion Chiefs (BCs) have filed a federal lawsuit claiming the County’s Fire Department fails to pay them overtime in violation of the FLSA. Battalion Chiefs Bobby Cagle, Brian Massey, and Ralph “Trey” Stewart III filed the lawsuit in the U.S. District Court for the Northern District of Georgia, on November 27, 2019. Specifically, the three BCs ...
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