Tag Archives: Non-exempt

Today’s FLSA Question I attended one of your Fair Labor Standards Act (FLSA) for Fire Departments seminars last year. I learned a great deal about the FLSA over those three days. However, I just took a promotional examination for deputy chief within my fire department and found the following question: Which of the following must be true in order for ...

The wait is finally over. On August 31, a federal judge in Texas issued an opinion formally striking down proposed Department of Labor (DOL) changes for Executive, Administrative, and Professional (EAP) employee exemptions under the Fair Labor Standards Act (FLSA). The latest decision comes several months following this judge’s earlier ruling that postponed the long-awaited implementation of new federal regulations. ...

For the second time in three years current and former Augusta-Richmond County firefighters have filed a federal lawsuit in the Southern District of Georgia claiming the county violated the Fair Labor Standards Act (FLSA). The firefighters claim the county failed to include EMT stipends in firefighter’s regular rate of pay. Determining the proper regular rate can be challenging at times ...

The Spokane Valley Fire Department (SVFD) has filed a federal civil suit against the International Association of Firefighters (IAFF) Local 3701 in the Eastern District of Washington state.  SVFD is looking for the court to issue a “declaratory judgement” that battalion chiefs and fire marshals are exempt from FLSA overtime.  This is a highly unusual suit for several reasons, let’s ...

The Fair Labor Standards Act (FLSA) was originally implemented in 1938. The workplace has changed drastically since that time. Many of the most common FLSA violations reflect this transition. Modern technology has transformed the workplace in ways the original framers of the FLSA could not have imagined. As an employer, it is not always easy to stay ahead of the ...