Dueling FLSA questions from two perspectives with the same answer. Fire Chief’s question: Our fire department began providing our firefighters with annual physicals several years ago. It was a tough sell in tough fiscal times but it was mandated by OSHA and we really had no choice. We try to schedule personnel while they are on duty, but one of ...
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Should you get paid for answering phone calls and responding to emails while “off-duty”?
The City of Philadelphia just agreed to pay police officer’s approximately $8 million dollars to do just that. The Fraternal Order of Police Lodge 5 which represents Philadelphia police officers filed a complaint alleging the City required officers to frequently check phones and email while “off-duty”. The officers argued requiring them to regularly check and respond to department calls and ...
Read More »South Carolina Fire Department Struggles with Mandatory Overtime
Horry County Fire Rescue (HCFR) is hopeful 30 new recruits will alleviate a shortage of firefighters that dates to 2015. Hiring new firefighters to reduce overtime costs is not a new concept, however HCFR seems to be experiencing a chronic shortage of firefighters that dates back at least the last two years. In fact, the department has a mandatory overtime ...
Read More »Retroactive Pay Increases, Bonuses and the FLSA
Today’s Question: The city and firefighters just concluded a long and drawn out battle over a new contract. The old contract expired six months ago. The new contract contains two provisions that are raising questions in the stations. The first is a 2% retroactive pay increase (retroactive to July 1) and the second is a “bonus” that is payable to ...
Read More »Schedule Adjustments, Firefighters and the FLSA
My fire department recently initiated a new policy. The policy allows the department to adjust a firefighter’s schedule towards the end of the work period to avoid paying FLSA overtime. We work a 24/48 schedule. My scheduled work days are being cut from my schedule because I may have worked extra shifts earlier in the work period. Does the FLSA ...
Read More »Call Back Minimum, Hours Worked and the FLSA
Question of the Day Our employment contract states “any employee that is called back to duty shall be compensated for a minimum of four (4) hours”. There are times when firefighters are called back to work for only an hour or two. The firefighter still receives four hours of pay even if they work less than four hours. When counting ...
Read More »WA State Fire Department sues IAFF local over FLSA
The Spokane Valley Fire Department (SVFD) has filed a federal civil suit against the International Association of Firefighters (IAFF) Local 3701 in the Eastern District of Washington state. SVFD is looking for the court to issue a “declaratory judgement” that battalion chiefs and fire marshals are exempt from FLSA overtime. This is a highly unusual suit for several reasons, let’s ...
Read More »5 Common FLSA (For Fire Departments) Violations & Ways to Avoid Them (Part 3 of 5)
The Fair Labor Standards Act (FLSA) dates back to 1938. Workplaces have changed drastically since that time. Many of the most common FLSA violations reflect that transition. Modern technology has transformed the workplace in ways the original framers of the FLSA could not have imagined. As an employer, it is not always easy to stay ahead of the curve on ...
Read More »Different Rules for Paying Firefighters
As many of us are keenly aware, firefighters do not always receive overtime after working 40 hours in a week. In fact, firefighters are often required to work upwards of 53 hours per week before receiving any overtime.
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