Tag Archives: hours worked

Paying Firefighters . . . It’s all about the work period

The FLSA requires any public agency electing to utilize the §207(k) partial overtime exemption for police officers and firefighters establish a work period. In other words, to avoid paying overtime to firefighters and police officers after they work 40 hours every 7 days, the public agency needs to establish a qualifying work period. While establishing a work period may not ...

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Louisiana Police Chief Criminally Charged for False Overtime Claims

Former Killian, Louisiana, Police Chief Dennis Hill has been indicted on felony malfeasance charges for allegedly requesting payments for overtime he never worked. The felony charge comes on the heels of an investigation conducted by the Louisiana Legislative Auditor into the former chief’s actions. Despite numerous claims of alleged criminal conduct within the auditor’s report, the grand jury only indicted ...

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Shift Trades and the FLSA

Today’s FLSA Question: I am the HR director for a small city. Before taking this job I worked for many years as an HR manager in the private sector. I am struggling with some of the unique components of the FLSA that only apply to public sector workers. I am especially concerned about some of the practices within the fire ...

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Georgia Fire Investigator Denied Overtime

In an unusual decision from the U.S. District Court for the Middle District of Georgia, a former fire investigator for the Columbus Consolidated Government Fire and EMS Department (CCG Fire & EMS) was denied overtime pay under a very limited and unique provision of the FLSA. It is too soon to know if the former investigator will appeal. However, there ...

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Longevity Pay and Regular Rate

Today’s FLSA Question: Does longevity pay need to be included in a firefighter’s regular rate of pay? What if the firefighter receives longevity pay in a lump sum every year? Yes, most longevity payments need to be included in the regular rate. Whether the money is paid annually, quarterly, weekly, or even hourly does not change this fact. Receiving longevity ...

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“Averaging” FLSA Overtime for Firefighters

Today’s FLSA Question:  I am a fire lieutenant and the president of my local firefighters’ union. We work a 48/96 schedule (48 hours on duty followed by 96 hours off), and utilize a 14-day work period. I know the FLSA requires overtime for all hours worked over 106 in a 14-day work period. We have a unique provision in our ...

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Illinois Chief Alleges FLSA Retaliation

Former Paxton, IL, Chief of Police Robert Bane filed a lawsuit in federal court last week seeking money damages for unpaid overtime wages, additional unspecified money damages for retaliation under the FLSA, and a court order requiring that the city reinstate the chief to his former position. The lawsuit follows Chief Bane’s termination by the city in August 2017. Chief ...

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FLSA Comp Time may not be an option for all Fire Departments

Today’s FLSA Question I am the administrator for a nonprofit 501(c)(3) volunteer fire company. We are in the process of hiring our own full-time dispatchers. Currently the county provides dispatch services, however we are transitioning from a completely volunteer organization to a combination department. We want to mirror the county’s compensatory time (comp time) policy. All county employees, including county ...

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Mississippi city owes police officers more than $850,000 in back FLSA wages

Approximately 119 police officers from Tupelo, Mississippi will be receiving more than $857,000 in back wages following a Department of Labor (DOL) Wage and Hour Division investigation. The DOL determined the city’s “police department failed to adequately record hours worked by police officers” and did not maintain proper records related to “overtime hours or compensatory time owed to officers” as ...

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