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 ...
Read More »Tag Archives: misclassification
Another Week, Another FLSA Lawsuit for Overtime from a Shift Commander
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 ...
Read More »Florida Battalion Chiefs File FLSA Suit
On September 12, 2018, six Battalion Chiefs (BCs) from the Greater Naples Fire Rescue District (district) filed a lawsuit in federal court seeking overtime pay. According to the complaint, the district classifies the BCs as white collar overtime-exempt employees. The BCs estimate that each is owed approximately $60,000 in unpaid overtime wages for the past 3 years. Additionally, the complaint ...
Read More »Battalion Chiefs, Executive Exemption, and Overtime
FLSA Question: I am a battalion chief in a mid-sized municipal fire department. I command a platoon of firefighters and work 24-hour shifts. I work an average of 56 hours per week. I do not receive any overtime. The city considers myself and other BCs overtime-exempt executives. . . . I recently read that “first responders” are entitled to overtime ...
Read More »California Police Officers Seek Holiday Pay Included in Regular Rate
Six Merced, California, Police Department employees have filed a lawsuit against the city, claiming it failed to calculate overtime pay correctly. The suit was filed on August 17, 2018 by three sergeants, two patrol officers, and one dispatcher in the U.S. District Court for the Eastern District of California. Specifically, these sergeants, officers, and dispatcher claim the city failed to ...
Read More »Kansas Fire Investigators Reach Settlement with City Following FLSA Suit
The City of Wichita, Kansas, will pay six fire department arson investigators and their attorney almost $155,000 to settle unpaid overtime claims. The six investigators argued they should receive overtime similar to city police officers as opposed to firefighters. Here is more on those claims. Wichita Fire Investigators File FLSA Overtime Lawsuit The Settlement According to the Wichita Eagle, Wichita’s ...
Read More »Louisiana Medics Fight Sleep and Meal Time Deductions – Want to Be Paid for All 168 Hours Per Workweek. . .
Four Louisiana paramedics claim their employer, the Parish of Plaquemines, Louisiana, failed to pay them any time and one-half over the past three years, despite working 7-day, 168-hour work shifts. The complaint, which was filed last week in U.S. District Court for the Eastern District of Louisiana contains some very unique and interesting facts. We have allegations of unpaid overtime, ...
Read More »Virginia Battalion Chiefs File Lawsuit Seeking Overtime Pay
Seven Battalion Chiefs from the Chesapeake Fire Department, in Chesapeake, Virginia, have filed a federal lawsuit looking for overtime pay. The Battalion Chiefs claim the city violated both the Fair Labor Standards Act and Virginia Gap Pay Act. The complaint, which was filed on July 24, 2018, in the United States District Court for the Eastern District of Virginia, alleges ...
Read More »California City and Firefighters Reach Global Settlement following a 2016 FLSA Lawsuit
The City of San Luis Obispo has reportedly reached a settlement with city firefighters following a 2016 federal lawsuit regarding overtime pay. The firefighters alleged the city failed to include money paid in-lieu of receiving employer sponsored medical benefits in the firefighter’s regular rate of pay. Properly determining a firefighter’s regular rate is critical, since all FLSA overtime must be ...
Read More »Texas Paramedic Files FLSA Suit Against Dallas/Fort Worth Airport
A former paramedic for the Dallas/Fort Worth International Airport (DFW) has filed an FLSA lawsuit against his former employer, seeking unpaid overtime and other money damages for the past three years. Douglas Patterson filed the suit in U.S. District Court for the Northern District of Texas. Patterson alleges that he and other paramedics did not receive all remuneration in their ...
Read More »