Tag Archives: hours worked

Disciplinary Suspensions and the FLSA

Today’s FLSA Question: I am a deputy fire chief in charge of administration and personnel. Our firefighters work a 24/48 schedule with a 21-day work period and an assigned Kelly day every third week. We recently suspended (without pay) a firefighter for two 24-hours shifts following a serious disciplinary matter. Instead of serving the suspension as planned, the firefighter has ...

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Conferences, Classes, and the FLSA

Today’s FLSA Question I am a fire chief of a small combination department. Two of my officers want to attend the FDIC (Fire Department Instructors Conference) this year in Indianapolis. It is a great conference—I wish I could join them. I am more than happy to sponsor them, pay any fees associated with attendance, and give them time off to ...

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Reduction in Firefighters Equals Increase in OT for Richmond VA Fire

The Richmond Virginia Fire Department is short twenty-four firefighters. This shortage has created a drastic increase in the department’s overtime budget. According to Fire Chief Melvin Carter between $85,000 and $135,000 is spent on overtime every two weeks. Even Keith Andes, President of the Richmond Firefighters Association, agrees that spending that much on overtime is “unsustainable.” The department has already ...

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Court of Appeals Upholds Paid Breaks for Workers

On October 13th, the 3rd Circuit Federal Court of Appeals upheld a lower federal court decision that required an employer pay employees for short breaks. The FLSA has long mandated breaks less than 20 minutes be paid, however this employer made a rather unique argument that may just be worth a closer look. Progressive Business Publications (Progressive) employed hourly telephone ...

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City Looks to Curb Firefighter Overtime in New Contract

The Austin City Council is set to review a new contract between the city and firefighters later this week. The new agreement changes, among other things, the way overtime is paid to the city’s firefighters. The agreement comes on the heels of a recent report that found overtime for the Austin Fire Department had increased 147 percent between 2014 and ...

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PulsePoint CPR Notification System and the FLSA

Today’s FLSA Question I am a fire chief. My EMS chief wants us to consider a CPR notification system known as PulsePoint. It notifies trained citizens (and off-duty firefighters) when there is a CPR incident nearby so that immediate aid can be rendered. It’s a wonderful system, and as this video shows, one of the best uses for it could involve ...

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Police officers in Virginia sue city for unpaid overtime

Four Richmond VA police officers are suing the city for unpaid overtime. The officers filing the law suit were assigned to former mayor, Dwight C. Jones’ “Executive Protection Unit” (EPU). This specialized unit provided security and transportation for the mayor.  According to the complaint, these officers worked and were paid “significant overtime” in the past.  However, EPU operations and costs ...

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On Call Time and the FLSA

Today’s FLSA Question: I am a career fire captain who works a 24/48 schedule. Captains in my department are required to be on call and take a command vehicle home on certain days off. We are on call while off duty and must respond to any alarm requiring more than two pieces of apparatus. Calls like box alarms, building fires, ...

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Mandatory Medical Exams and the FLSA

Dueling FLSA questions from two perspectives with the same answer. Fire Chief’s question: Our fire department began providing our firefighters with annual physicals several years ago. It was a tough sell in tough fiscal times but it was mandated by OSHA and we really had no choice. We try to schedule personnel while they are on duty, but one of ...

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Call Back Minimum, Hours Worked and the FLSA

Question of the Day Our employment contract states “any employee that is called back to duty shall be compensated for a minimum of four (4) hours”.  There are times when firefighters are called back to work for only an hour or two.  The firefighter still receives four hours of pay even if they work less than four hours.  When counting ...

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