Tag Archives: hours worked

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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Daylight Savings Time and the FLSA

Today’s FLSA question: I am a paid firefighter. I worked a 24-hour overtime shift a couple of Saturday’s ago. Although I didn’t realize it at the time, it was the last day of daylight savings time. I worked 25-hours instead of 24-hours. But, I was only paid for 24-hours of overtime. Doesn’t the FLSA require payment for all 25-hours? You ...

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No More Mandatory Overtime for Las Vegas Metro Police. . .For Now. . .

The Las Vegas Metropolitan Police Protective Association, the union that represents Las Vegas Metropolitan Police Officers has won a temporary restraining order preventing the police department from mandating overtime for city police officers. The union is claiming certain provisions contained in the current collective bargaining agreement (CBA) between the city and police officers do not allow for mandatory overtime. The ...

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