Today’s FLSA Question: I am the payroll/HR manager for a fire department. Our department offers first aid and CPR classes for residents of the community. We offer the classes a couple of times per year. Firefighters that are certified CPR and first aid instructors teach the classes during off-duty hours. However, since most of the firefighters make different hourly rates, ...
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West Virginia Firefighters Allege City Failed to Pay Overtime Correctly
Fifty-eight Morgantown, West Virginia firefighters have filed a lawsuit alleging the City of Morgantown failed to pay overtime as required under West Virginia state law. The crux of the firefighter’s argument stems from a very unique West Virginia statute that requires time-and-one-half pay for firefighters required to work holidays. Here is a portion of that statute: §8-15-10a. Firemen who are ...
Read More »Santa Clara Close to Settling with Firefighters Following FLSA Suit
The City of Santa Clara, California is close to settling an FLSA lawsuit filed by five city firefighters back in October of 2018. These five initially alleged the city violated the FLSA by failing to include all remuneration in their regular rate of pay which resulted in firefighters being shorted on both comp time and overtime payments. The firefighters also ...
Read More »On-Call Stipend, Regular Rate, & the FLSA
Today’s FLSA Question: I am the union president of a mid-sized fire department. In our most recent contract negotiations, we were able to secure a small “on-call” stipend for several fire department officers that are required to be on-call. Starting July 1, the fire marshal and safety officer will each receive a weekly stipend for the inconvenience of being on-call. ...
Read More »More than 250 San Diego Firefighters Opt-in On FLSA Suit Against the City
On April 2, 2019 three San Diego firefighters filed suit in the U.S. District Court for the Southern District of California alleging the City of San Diego violated the Fair Labor Standards Act (FLSA). For more on that story from FirefighterOvertime.org click here. However, in the past five weeks alone, another 250 city firefighters have elected to “opt-in” on this ...
Read More »San Diego Firefighters File FLSA Lawsuit
Several current and former San Diego firefighters filed a federal lawsuit last week alleging the City of San Diego violated the FLSA. Eric Kelley, Patrick Hesters, and Eric Dunnick filed the suit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Southern District of California on April 2, 2019. The firefighters’ complaint states ...
Read More »Changes on the Horizon as DOL Looks to “Clarify” and “Update” Regular Rate Rules
The Department of Labor (DOL) made an announcement today, March 28, 2019 that it has begun the formal review process necessary to make changes to various regulations pertaining to the regular rate of pay under the Fair Labor Standards Act (FLSA). The notice and comment period for these changes will run from today until May 28, 2019. At that time ...
Read More »Allegations of FLSA Regular Rate Violations Against CA Fire Department
Cathedral City, California, is the latest city to face allegations of unpaid overtime from one of its firefighters. Corey Goddard, an engineer/paramedic for the Cathedral City Fire Department, filed a federal lawsuit this week alleging his employer [Cathedral City] failed to include all remuneration in his and other firefighters’ regular rate of pay in violation of the FLSA. In the ...
Read More »CA Fire Protection District and Firefighters Reach $1.3 Million Settlement in FLSA Suit
The Sacramento Metro Fire District (district) has reached a settlement with a group of more than 500 current and former fire department employees following alleged FLSA violations. The settlement, which was approved by the U.S. District Court for the Eastern District of California requires the district to pay a total of $1,376,827.22 to 534 current and former firefighters, EMTs, engineers, ...
Read More »California Firefighters and City Settle FLSA Claims for More than $280,000
The City of La Verne, California has reached a settlement with a group of twenty-seven current and former city firefighters following allegations of unpaid overtime. The settlement follows a February 2018 FLSA lawsuit filed by the firefighters in the U.S. District Court for the Central District of California. The firefighters made two basic claims in the suit. First, the city ...
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