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 ...
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More Litigation in Morgantown
Lawyers representing almost one-hundred Morgantown, West Virginia firefighters and police officers filed four separate lawsuits against the city this past week. In addition to the lawsuits, the unions that represent the city’s police officers and firefighters also announced “no-confidence” votes in the city council, city manager, and human resources director. The firefighters and police officers claim that recent reductions in ...
Read More »$415K Settlement in WV Holiday Pay Lawsuit
The City of Huntington, West Virginia has agreed to a $415,000 settlement with a group of current and former city firefighters following their 2020 lawsuit over holiday pay. The firefighters’ allegations center around a unique portion of the West Virginia Wage Payment and Collection Act that requires paid firefighters either receive time and one-half pay for all hours worked on ...
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 »Holiday Pay Battle Between WV City and Firefighters Continues
The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...
Read More »West Virginia Supreme Court Denies City’s Latest Effort to Reverse Lower Court’s Decision in Firefighter Holiday Pay Dispute
In the latest bit of legal wrangling between the City of Martinsburg and its professional firefighters, the West Virginia Supreme Court of Appeals has denied the city’s appeal seeking to reverse an earlier ruling by a lower court, in favor of the firefighters. As a result, the 2018 lawsuit which centers around a highly unique West Virginia statute related to ...
Read More »CA Fire District Settles FLSA Regular Rate Lawsuit with Firefighters
The Borrego Springs Fire Protection District (District) has reached a settlement with twenty-five firefighters following an FLSA lawsuit filed in May 2020. The firefighters claimed the District failed to include money paid directly to firefighters in lieu of employer sponsored medical benefits, paramedic certification, and holiday in lieu pay in their regular rate of pay. The terms of the settlement ...
Read More »Firefighters, Mandatory Overtime, and the FLSA
Today’s FLSA Question: I have a question about mandatory overtime and the FLSA. If a firefighter is ordered to work an extra shift, doesn’t the FLSA require time and one-half pay for that shift? This is my situation. I am a full-time paid firefighter/paramedic. We work a 24/48 schedule with an assigned Kelly Day every three weeks. This combination results ...
Read More »West Virginia Holiday Pay Dispute Wages On
Firefighters in Morgantown, West Virginia have demanded a public hearing with the city’s civil service commission following allegations of retaliation for refusing to settle a 2019 lawsuit over holiday pay. In June 2019, fifty-eight Morgantown firefighters filed the lawsuit alleging the City of Morgantown violated a West Virginia law that requires either paid time off, or time-and-one-half pay for all ...
Read More »DOL Update 2021 – New Presidential Administration Brings Immediate Changes to DOL Policy and Opinion
In this VLOG, Curt Varone and I discuss several recent changes to DOL policy and opinions following President Biden’s inauguration. These changes are likely the first of many that we will be seeing in the near future. For more on the FLSA and how it applies to firefighters and other first responders, please consider joining us at one of the ...
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