Tag Archives: first responders

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

The City of Encinitas, California is one step closer to resolving an FLSA overtime lawsuit filed by four current and former fire department battalion chiefs. Lawyers representing the city and the battalion chiefs filed a joint motion in federal court last week to approve a settlement reached following an April 2022 lawsuit. The settlement requires the city pay the battalion ...

The Rancho Santa Fe Fire Protection District has settled a lawsuit filed earlier this year by two former fire department battalion chiefs. The settlement, which was approved by U.S. District Court Judge, Janis L. Sammartino on January 9, 2023, requires the district to pay a total of $99,000 to settle the former battalion chiefs’ overtime lawsuit. The two battalion chiefs ...

The City of Selma, Alabama has reached an undisclosed “confidential” settlement with three fire department assistant fire marshals/fire investigators following their 2021 lawsuit for unpaid overtime, breach of contract, and FLSA retaliation. The plaintiffs’ complaint set forth three basic allegations. First, the plaintiffs claim the city misclassified them as overtime exempt employees in violation of the FLSA. Second, the city ...

Today’s FLSA Question: I am a full-time paid firefighter that works a 56-hour average workweek utilizing a 48/96 schedule. My department calculates my regular rate and overtime rate by taking my annual salary, including stipends and longevity, and dividing that by 2,912. According to human resources, that is the proper method since that is the number of hours that our ...

In the latest round of litigation involving West Virginia firefighters and their entitlement to holiday pay, the City of Parkersburg has been found in violation of West Virginia state law by failing to adequately compensate city firefighters for recognized holidays. The decision, which was issued by Wood Circuit Judge J.D. Beane on December 12, requires the city to start paying ...

A federal court in California has approved a global settlement of almost $150,000 to settle a lawsuit between Alameda County, California, and a former Emergency Medical Services Coordinator (EMS Coordinator). The settlement closely follows a 2021 lawsuit filed by Aram Bronston, an EMS Coordinator that was assigned as the county’s Regional Disaster Medical Health Specialist between November 2018 until his ...

Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...

Today’s FLSA Question: I work for a municipal fire department. Everybody that works for the city [including the fire department] is paid on a weekly basis. However, firefighters do not receive overtime pay on a weekly basis. The firefighters overtime pay is included in every fourth paycheck. Why do firefighters have to wait? By the way, other city employees don’t ...

The U.S. Forest Service has announced that it is almost completed the monumental task of calculating retroactive FLSA payments to thousands of federal wildland firefighters following pay increases authorized earlier this summer. The pay increases, which drew much national attention earlier this year, mandate federal wildland firefighters earn at least $15 per hour. In total, the federal government allocated $600 ...