A federal judge has found in favor of a group of thirty Pemberton Township, New Jersey police officers and sergeants following their 2014 lawsuit over uncompensated pre-and-post shift work activities. The judge’s decision, which came after eight years of litigation and a 4-day bench [non-jury] trial found that Pemberton Township failed to pay the officers for time spent preparing their ...
Read More »Tag Archives: FLSA for Fire Departments
Voluntary Attendance at Work-Related Conferences and the FLSA
Today’s FLSA Question: I am a fire chief for a small suburban fire department. Our local fire chiefs’ association is hosting a one-day presentation on leadership to be held at a neighboring community’s recreation facility. I am encouraging many of my personnel to attend what I believe will be a very valuable and worthwhile learning opportunity. Additionally, I will reimburse ...
Read More »KC Reaches $2 Million Settlement with Firefighters Following 2019 FLSA Lawsuit
The City of Kansas City, Missouri has reached a global settlement with 383 current and former city firefighters following their 2019 lawsuit for alleged violations of the FLSA. The firefighters alleged in the lawsuit, which was filed in the United States District Court for the Western District of Missouri on February 8, 2019, that the city failed to include specialty ...
Read More »Battalion Chiefs, Straight Time Overtime, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...
Read More »West Virginia City Reaches $1.75 Million Settlement with Firefighters Following Holiday Pay Lawsuit
The City of Martinsburg, West Virginia has reached a $1.75 million settlement with a group of thirty-seven current and former city firefighters following a 2018 lawsuit over holiday pay. The settlement ends more than three years of legal wrangling between the city and firefighters that eventually made it all the way to the West Virginia Supreme Court. The firefighters had ...
Read More »Virginia Battalion Chiefs File FLSA Lawsuit
A group of ten Alexandria, Virginia battalion chiefs filed an FLSA lawsuit this past week alleging the city improperly classifies them as overtime exempt “white-collar” employees in violation of both federal and state law. According to the complaint, six of the battalion chiefs are assigned to 24-hour shifts and serve as “Operational Battalion Chiefs.” The remaining four plaintiffs work a ...
Read More »Tulsa Firefighters File FLSA Suit
A group of thirteen Tulsa, Oklahoma firefighters have filed an FLSA lawsuit against the City of Tulsa, the mayor, and the city’s chief operating officer. The thirteen filed the lawsuit on behalf of themselves and other similarly situated employees [i.e., other Tulsa firefighters that will likely join the lawsuit over the next few months] in the U.S. District Court for ...
Read More »Platoon Bid, Collective Bargaining, and the FLSA
Today’s FLSA Question: I am the union president for a mid-sized municipal fire department. Our labor agreement allows us to conduct an annual bid. Basically, all shift personnel bid by seniority in rank to a specific platoon (A, B, or C) and piece of apparatus once a year. The only “catch” is that the bid must occur at “no-cost” to ...
Read More »Firefighter’s Hours Worked, Paid Sick Leave, and the FLSA
Today’s FLSA Question: I recently read your article entitled “Firefighters, Mandatory Overtime, and the FLSA” and have a somewhat related follow-up question. I work for a large county fire department. We also work a 24/48 schedule with a scheduled Kelly-day every three weeks for a 48-hour average workweek. However, we receive overtime for all additional hours worked outside of our ...
Read More »Volunteer Firefighter Incentive Plan, Same Type of Services, and the FLSA
Today’s FLSA Question: I am a volunteer fire chief for a fully volunteer fire department. Like many volunteer fire departments, we struggle getting trucks on the road during weekday hours. However, we have several volunteer firefighters that are employed by the town in other departments in addition to serving as volunteer firefighters. Recently, a town official proposed allowing these town ...
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