Tag Archives: firefighters

The Regular Rate, FLSA, and Firefighters Part I

This is the first installment in a six-part series from FirefighterOvertime.org on the regular rate. Proper calculation of the regular rate is critical. All FLSA overtime must be at least time and one-half of the regular rate. The regular rate has been referred to as the “linchpin” of the FLSA. Not only is calculating the regular rate important, it can ...

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Civilian Public Safety Dispatchers & the FLSA

Today’s FLSA Question: I am a city HR director. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. The dispatchers work an average of 42 hours per week. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of overtime every two weeks. The ...

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Modesto Firefighters Settle FLSA Suit Over Healthcare Buy-Back Money

The City of Modesto, California, has agreed to settle an FLSA lawsuit filed by several current and former city firefighters. The 2016 suit alleged the city failed to include cash payments made to some firefighters in lieu of receiving health benefits in the firefighters’ regular rate of pay. While not all firefighters opted out of city sponsored medical benefits, those ...

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Allegations of Unpaid Overtime and FLSA Regular Rate Violations for some California Firefighters

Twenty-three current and former La Verne, California, firefighters have filed a federal lawsuit against the city for violations of the FLSA. The firefighters make two basic allegations in a six-page complaint filed in the Central District of California. First, the City of La Verne failed to pay some firefighters for all hours worked attending meetings, training, and performing other administrative ...

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U.S. Firefighter Working Overseas and the FLSA

Today’s FLSA question: I am a U.S citizen working as a contract firefighter at a U.S. military base overseas. The company I work for is based in the U.S. My co-workers and I receive straight time for all hours worked. We receive zero overtime. We average over 80 hours of work per week! Does the FLSA apply to us? The ...

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Sick Leave Buy-Backs and the Regular Rate

Today’s FLSA Question: I recently read (on FirefighterOvertime.org) that money paid to firefighters for unused vacation time typically does not need to be included in a firefighter’s regular rate. Our employment contract provides “bonuses” up to $1,000 annually if a firefighter does not use any sick time in a calendar year, and states that a certain number of unused sick ...

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They are volunteers . . . Right?

Today’s FLSA Question: I am the chief of a small but increasingly busy volunteer fire and EMS department. Our volunteers are paid $12 per hour when responding to calls. I was picking up the firefighters’ 1099s last month, and the accountant asked me a question about “our employees.” This caught me by surprise. I told her we have volunteers, not ...

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Former California Police Officer Sues City for Unpaid Overtime Related to K9

Adolfo Jimenez, a former police officer for the City of Parlier, California, has filed a federal law suit in the Eastern District of California, claiming the city violated the Fair Labor Standards Act (FLSA). The suit alleges the city failed to adequately compensate Jimenez for off-the-clock work related to the care, training, maintenance, and transport of his police work dog. ...

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Paying Firefighters . . . It’s all about the work period

The FLSA requires any public agency electing to utilize the §207(k) partial overtime exemption for police officers and firefighters establish a work period. In other words, to avoid paying overtime to firefighters and police officers after they work 40 hours every 7 days, the public agency needs to establish a qualifying work period. While establishing a work period may not ...

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