Tag Archives: regular rate

Two similar FLSA lawsuits have been filed by firefighters from two different West Virginia cities in the past week. The first, which my friend and colleague Curt Varone covered on his Fire Law Blog last Wednesday, contained allegations that the City of Clarksburg was improperly calculating its firefighter’s regular rate of pay in violation of the FLSA. [You can find ...

A lieutenant from the Warren Township Fire Department, in Warren, Ohio has filed a lawsuit against his employer claiming the department’s pay practices violate several provisions of the FLSA.  Lieutenant Gregory Wrightsman filed the lawsuit on behalf of himself and other “similarly situated” individuals [i.e., other firefighters that may eventually join in on the lawsuit] in the United States District ...

A federal judge has ruled that an FLSA lawsuit filed by a lone former Independence, Missouri firefighter can move forward as a collective action. A collective action under the FLSA is a mechanism that allows similarly situated current and former employees the ability to band together in an FLSA lawsuit against their current or former employer. A collective action is ...

What began as a typical lawsuit over breach of contract and the inclusion of longevity in a couple dozen Mississippi firefighter’s regular rate of pay in late 2022, ended in a rather unusual court ruling this past week. A federal magistrate Judge has ordered the enforcement of a settlement agreement negotiated between the City of Biloxi, Mississippi and thirty-five city ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...