Tag Archives: regular rate of pay

LA City Police Officers File FLSA Regular Rate Lawsuit Over Out-of-Rank Pay

The City of Los Angeles is facing an FLSA lawsuit from four city police officers. The lawsuit, which was filed in the U.S. District Court for the Central District of California contains allegations that the city is violating the FLSA by failing to include all “remuneration” in the officers’ regular rate of pay. More specifically, the officers claim the city ...

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FDNY Facing Another FLSA Suit from Medics and EMTs

A large group of FDNY emergency medical technicians and paramedics filed a federal lawsuit late last week alleging that the City of New York’s pay practices violate the Fair Labor Standards Act (FLSA). The lawsuit, which contains several claims including uncompensated off-the clock work, regular rate violations, and failure to timely pay overtime compensation was filed in the U.S. District ...

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Bonuses for Collateral Duties and the Regular Rate

Today’s FLSA Question: I am the administrator for a fulltime fire and EMS district. We have several personnel that work part-time collateral positions within our organization. These collateral positions include training officer, EMS coordinator, and HAZMAT officer. Personnel receive overtime when working in these capacities outside of their normal work hours, however they also spend a great deal of their ...

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More than 500 LA City Fire Department Employees File FLSA Lawsuit

A group of more than 500 Los Angeles firefighters, captains, engineers, fire inspectors, and pilots filed have filed a class action lawsuit alleging that the city fails to include longevity pay, wellness bonuses, retirement incentive pay, special duty pay, platoon duty pay, and educational bonuses in their regular rate of pay in violation of the FLSA. The FLSA requires “all ...

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Arkansas Medics File FLSA Lawsuit over Incentive Bonuses

Two Arkansas paramedics have filed a lawsuit alleging that their employer, Ambulance Services of Forrest City, LLC (Forrest City, LLC), violated the FLSA by not including nondiscretionary bonuses in their regular rate of pay in violation of the FLSA and the Arkansas Minimum Wage Act (AMWA). The suit, which was filed on October 19, 2023, in the U.S. District Court ...

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Lone Honolulu Medic’s FLSA Lawsuit to Grow with Judge’s Ruling

A federal lawsuit filed by Honolulu paramedic Robert Hayslip will expand to include hundreds of other “similarly situated” EMTs and medics following a federal judge’s ruling last week. United States District Court Judge, Derrick K. Watson granted a motion filed by Hayslip’s attorneys to conditionally certify the lawsuit as a “collective action.” According to Hayslip’s attorneys, as many as 300 ...

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Discretionary Bonus for Working Overtime, the Regular Rate, and the FLSA

Today’s FLSA Question: I work for a third-party EMS agency that contracts 911 service for a rural county. Our agency is struggling to find medics and EMTs. As a result, overtime and mandatory overtime has turned into the norm. In an effort to incentivize employees to take additional shifts, my company has begun offering a bonus in addition to overtime ...

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Calculating a Firefighter’s Regular Rate from a Salary

Today’s FLSA Question: I am a full-time paid firefighter that works a 56-hour average workweek utilizing a 48/96 schedule. My department calculates my regular rate and overtime rate by taking my annual salary, including stipends and longevity, and dividing that by 2,912. According to human resources, that is the proper method since that is the number of hours that our ...

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TN County Sheriffs File FLSA Lawsuit for Regular Rate Violations and Unpaid Overtime Following Change in Work and Pay Periods

Humphreys County, Tennessee is the latest public employer to face an FLSA lawsuit filed by its employees. A group of six current and former workers from the county’s sheriff’s office filed the lawsuit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Middle District of Tennessee on October 31, 2022. The plaintiffs, four ...

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