Tag Archives: hours worked

Another FLSA Lawsuit filed by FDNY EMS Workers

The City of New York is once again facing an FLSA lawsuit filed by FDNY Emergency Medical Services (EMS) workers. In a 15-page complaint filed in the U.S. District Court for the Southern District of New York on September 16, 2021, three named plaintiffs claim the City of New York is systematically underpaying its EMS workers. Specifically, the complaint alleges ...

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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 ...

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SC City to Provide Hazard Pay and a Bonus for COVID Vaccination

The City of Columbia, South Carolina has announced a new hazard pay and bonus program for city workers. The plan, which has been approved by the city council will provide firefighters, police officers, public works, and other “front-line workers” with a $2,500 one-time stipend for working through the pandemic. Other city workers will receive a $1,250 one-time stipend. Additionally, city ...

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Congress Moves to Allow Federal Firefighters the Ability to Swap Shifts

Firefighters substituting for each other’s work shifts is common in today’s fire service. Most fire departments allow firefighters, and in some instances, other departmental employees the ability to freely substitute work shifts with each other. There are several reasons why so many fire departments allow personnel to substitute for each other. First and foremost is monetary. The FLSA and Department ...

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DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work

An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...

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Part-Time Firefighters, Paid Time Off, Overtime, and the FLSA

Today’s FLSA Question: I have been a part-time firefighter working for a small non-union municipal fire department for more than 5 years. My department augments full-time staff with part-timers, like myself. Historically, working as a part-time firefighter was the best way to get a job as a full-time firefighter. Up until recently, the department’s part-time firefighters were limited to a ...

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DOL Issues New Guidance Related to the COVID-19 Pandemic Likely to Impact Firefighters, EMTs, and Other Essential Public Safety Personnel – Part I – Employer Mandated Temperature Checks

This is the first of several posts dedicated to new guidance issued by the U.S. Department of Labor (DOL) on wage and hour issues related to the COVID-19 pandemic and the compensability of certain health related job requirements and activities. The DOL’s Wage and Hour Division issued this guidance on April 26, 2021 as part of a new initiative entitled ...

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NC Paramedic Files FLSA Overtime Lawsuit Against County

A Wake County, North Carolina paramedic has filed a federal lawsuit alleging the county’s time tracking system fails to pay paramedics overtime as required by the FLSA. Paramedic Steven Gorrell filed this lawsuit, on behalf of himself and other similarly situated individuals, in the U.S. District Court for the Eastern District of North Carolina on March 16, 2021. [As a ...

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Quarterly Overtime Payments and the FLSA

Today’s FLSA Question: I am a full-time paid firefighter working for a small fire department with 13 full-time firefighters. We work 24 hours on duty, followed by a 48 hours off-duty for an average of 56 hours per week. My department has a strange way of paying overtime. Instead of paying firefighters for overtime worked in a regular bi-weekly paycheck; ...

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