Tag Archives: misclassification

The City of Lawrence, Kansas has voluntarily agreed to pay $998,600 to 24 police sergeants, 21 fire captains, and 3 other city employees following a recent FLSA review. The review, which was requested by a group of fire captains in 2019, found that the city improperly classified numerous city employees as overtime exempt. As a result of the city’s misclassification ...

In this Vlog, Curt Varone and I discuss a recent federal court decision that invalidated one Texas fire departments use of the FLSA’s §207(k) partial overtime exemption for firefighter/medics assigned to EMS companies. Here is more on this important ruling. Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures

Unites States Federal District Court Judge Rosanna Malouf Peterson has ruled in favor of thirteen Hanford, Washington fire captains in their pursuit of FLSA overtime. This judgement is the latest in a series of recent rulings involving fire officers and FLSA overtime eligibility. For more on those see: Federal Magistrate Judge Dismisses OT Claims by VA Battalion Chiefs Absent Trial ...

A Georgia EMT filed a federal lawsuit earlier this month alleging his employer, Meriwether County Fire Rescue (MCFR) failed to pay him—and other similarly situated EMTs—overtime in violation of the Fair Labor Standards Act (FLSA). David Barbee filed the lawsuit on May 10, in the U.S. District Court for the Northern District of Georgia. Barbee alleges he worked as an ...

In what is likely to be the first of several legal decisions involving fire department shift commanders and Fair Labor Standards Act (FLSA) overtime eligibility, eight current and former Vancouver, Washington battalion chiefs (BCs) have lost their bids for FLSA overtime. This litigation began almost two years ago, after a small group of current and former BCs filed a federal ...

Today’s FLSA Question: I am the chief of a small municipal fire department. In addition to myself, we have 21 full-time firefighter/medics that work an average of 56 hours per week. They rotate between all the apparatus, but the vast majority of their time is spent on the ambulances. A couple of firefighter/medics have stated they should receive overtime after ...

Cody Inman, a former 911 dispatcher for the City of Water Valley, Mississippi, has filed a federal lawsuit seeking back overtime and straight time wages in the U.S. District Court for the Northern District of Mississippi. The suit, which was filed November 8, 2018, alleges the city misclassified Inman as an “employee engaged in fire protection activities” (§207(k) firefighter) in ...

Question: I recently accepted a position as a fire chief for a small department. I just retired as a battalion chief from a larger neighboring department. My new department considers my position as overtime exempt. I know I will be working well over 40 hours per week. During the interview process I was assured I could accrue comp time, since ...

Should battalion chiefs be eligible for FLSA overtime? That is precisely the question a federal court in Washington State will be answering in the coming months. This case is one of many pending lawsuits that we are following regarding shift commanders and overtime eligibility. This particular case began in May of 2017, when eight current and former Vancouver, Washington, battalion ...

Lately, it seems that a week cannot pass without a complaint, settlement, or ruling pertaining to first responders being classified, or misclassified, under the FLSA’s “white-collar” exemptions. Here are just a couple of recent examples: Florida Battalion Chiefs File FLSA Suit Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay California City and Firefighters Reach Global Settlement following a 2016 FLSA ...