Tag Archives: regular rate of pay

A Federal Magistrate Judge has recommended the approval of a $350,000 settlement between the City of Merced and several dozen firefighters following a 2018 FLSA lawsuit. The firefighters alleged the city’s failure to include holiday “in-lieu” pay in their regular rate of pay violated the FLSA. The city continues to assert that it did not violate the FLSA, however in ...

Today’s FLSA Question: I am a city finance director responsible for paying our city’s public safety workers. The fire chief recently approached me with an interesting idea for new firefighters. During the recession the city lowered the starting wages for fire department employees significantly. This has impacted our ability to recruit and retain rookie firefighters. The chief would like to ...

A Berkeley County West Virginia Circuit Court judge issued a summary judgement ruling in favor of approximately three dozen current and former Martinsburg, West Virginia firefighters following a 2018 lawsuit over holiday pay. A summary judgement ruling is a judicial decision based on undisputed facts without the need for a full-blown trial. Here, Judge Laura Faircloth found the city liable ...

Today’s FLSA Question: I am the fire chief of a mid-sized municipal fire department. The most recent collective bargaining agreement with our firefighters contains an incentive plan designed to curb sick leave abuse. Firefighters and officers that use less than 72 hours of sick leave during a calendar year receive an additional 24 hours of paid leave during the following ...

Today’s FLSA Question: I am a fire chief for a small full-time fire district. Our firefighters only receive overtime after they work 212 hours in a twenty-eight-day work period. We do not pay any overtime unless the FLSA requires it. The vast majority of our neighboring departments pay their firefighters overtime for any unscheduled work hours regardless of actual hours ...

This is the third of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I and here for Part II. The updated regulations will undoubtedly affect many workers in different ways. However, for the purpose of this series, we will look at several key components of the update ...

This is the second of a three-part series related to recent updates to Department of Labor (DOL) regulations pertaining to the FLSA. Click here for Part I. The updated regulations will undoubtedly affect many workers in different ways. However, for the purpose of this series, we will look at several key components of the update and how it may impact ...

Firefighters, Overtime, and the Fair Labor Standards Act is the title of an article appearing in this month’s Firehouse Magazine. The article was written by my friend and colleague Curt Varone. The article is based on Curt’s Fire Litigation Database and delves into the top five reasons fire departments are getting sued under the FLSA. In the following podcast, Curt ...

Today’s FLSA Question: I am a full-time firefighter. I recently left my first firefighting job in a small combination department. I worked there for almost 5 years before moving onto a bigger department. My former colleagues at this small combination department recently settled a long-running contract dispute with the town. As a result of this settlement, the firefighters will be ...

The City of Providence, RI has settled a 2013 FLSA lawsuit filed by city police officers for more than $1.7 million dollars. According to the Providence Journal, the terms of the settlement require the city to pay $1.5 million to more than 400 current and former officers and an additional $223,000 to the officers’ attorneys. The city has yet to ...