The Newton County Fire Department has reached a settlement with three battalion chiefs (BCs) following a 2019 lawsuit over FLSA overtime. The three BCs filed the suit in U.S. District Court for the Northern District of Georgia in November 2019. The three alleged the county improperly reclassified BCs from overtime eligible first responders to overtime exempt employees in July 2018. ...
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Rookie New Mexico Firefighters Get A Raise… Thanks to New State Minimum Wage
Entry-level firefighters in Raton, New Mexico received an unexpected wage increase earlier this month following an increase the state’s minimum wage. Effective January 1, 2020 the State of New Mexico increased its minimum wage from $7.50 to $9.00 per hour. The City of Raton and its firefighters work under the terms of a collective bargaining agreement that allows the city ...
Read More »Firefighters, Time and One-Quarter Pay, and the FLSA
Today’s FLSA Question: I am a fire chief for a small full-time fire district. Our firefighters only receive overtime after they work 212 hours in a twenty-eight-day work period. We do not pay any overtime unless the FLSA requires it. The vast majority of our neighboring departments pay their firefighters overtime for any unscheduled work hours regardless of actual hours ...
Read More »$2.95 Million Overtime Settlement for Kentucky Flight Medics, Nurses, & Pilots
Last week a federal judge approved an almost $3 million settlement between Air Evac EMS, Inc., a global company that operates more than 140 air ambulance helicopters in 15 states across the country, and over 400 current and former flight nurses, medics, and pilots. The settlement follows a 2018 lawsuit containing allegations of unpaid overtime. Jason Peck, a former flight ...
Read More »Maryland County 911 Operators Move to 24-Hour Shifts – Overtime Hours Remain High
Fire Communication Operators that work for the Anne Arundel County Fire Department have opted to move to a 24-hour work shift. Previously, county fire operators worked a combination of 10-hour day shifts followed by 14-hour night shifts. The new 24-hour work shift model will require 24 hours on-duty and will be followed by 72 hours off-duty. Both the previous “10’s ...
Read More »DOL Rings in the New Year with Updated FLSA Regs Likely to Impact Many Fire Departments – Part III – The Regular Rate
This is the third of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I and here for Part II. 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 ...
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 »Fire Marshals, Administrative Overtime Exemption, and the FLSA
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 ...
Read More »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 ...
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