Tag Archives: misclassification

A North Carolina Volunteer Fire Department and a group of five firefighters have agreed to settle a 2024 lawsuit for a total of $86,573. The lawsuit, which was initially filed by a lone firefighter in federal court in 2024, expanded to include four additional firefighters. The main allegation made by the firefighters was that the department misclassified them as employees ...

The City of Eldora, Iowa is facing an FLSA misclassification lawsuit filed by the city’s former Director of Emergency Medical Services.  Plaintiff Maile Carter worked as the city’s EMS Director from March 2020 until leaving in August 2023. During that time Carter alleges that the city misclassified her and other presumably high-ranking city officials as overtime exempt employees. According to ...

A group of 16 EMTs have filed suit in federal court alleging that the City of Fredericksburg, Virginia has misclassified them as “employees engaged in fire protection activities” (a.k.a. §207(k) firefighters). According to the EMTs’ complaint, the city fails to pay them overtime after working more than 40 hours in a 7-day workweek. Quoting from the complaint: From the time ...

Osceola County, Florida, and a group of fourteen current and former fire department battalion chiefs have reached a settlement following a 2024 misclassification lawsuit. The battalion chiefs claimed that the county misclassified them as overtime exempt executives in violation of the FLSA. The county countered that the battalion chiefs were “properly classified” and denied all of their claims. However, according ...

A federal judge in South Carolina has dismissed an FLSA misclassification lawsuit filed by a former firefighter/medic without the need for a trail. United States District Court Judge Bruce Howe Hendricks granted Jasper County’s request to dismiss the 2021 lawsuit filed by Heather Davis, a former firefighter/medic for Jasper County’s Emergency Services Department. In the lawsuit, Davis alleged that the ...

Cobb County, Georgia is no stranger to FLSA litigation. The county is yet again facing an FLSA lawsuit related to alleged misclassifying senior fire officers as overtime exempt executive employees. The most recent lawsuit contains very similar allegations as another misclassification lawsuit filed by a group of ten Cobb County battalion Chiefs last April. Cobb County Fire Department Battalion Chief ...

American Medical Response (AMR), the “nation’s largest provider of ground medical transportation” is facing an FLSA misclassification lawsuit from a former contract paramedic on behalf of himself, and other similarly situated individuals. The lawsuit, which was filed by former AMR medic Nathanial Dagley in the United States District Court for the District of Colorado, contains allegations that AMR misclassified Dagley ...

The City of Grand Junction, Colorado is facing an FLSA lawsuit from three fire department EMTs. The lawsuit, which was filed late last month in the United States District Court for the District of Colorado contains allegations that the city failed to pay the EMTs overtime after working 40 hours every 7-day workweek. The EMTs allege the city misclassified them ...

The Upper Captiva Fire Protection and Rescue Service District (district) is facing its second FLSA misclassification lawsuit from a former chief officer since 2021. The district provides fire and EMS services on the tiny island of North Captiva on Florida’s gulf coast. The island of North Captiva is located a few miles northwest of Ft. Meyers Beach and is only ...

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...