Tag Archives: state laws

Louisiana City Settles 2008 Lawsuit with Firefighters

The City of Bastrop, Louisiana, and a group of current and former city firefighters have finally reached a settlement following almost fifteen years of litigation, special property tax increases, and promises. The story starts back in 2008, when 32 Bastrop firefighters filed a lawsuit alleging the city was not paying them as required by Louisiana law. Louisiana law requires most ...

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Comp Time Agreements and the FLSA

Today’s FLSA Question: I am a union firefighter for a mid-sized municipal fire department. Our labor contract with the city allows firefighters to receive FLSA comp time instead of FLSA overtime. Despite this option our firefighters have always chosen overtime pay. To my knowledge, the city has never provided any firefighter with comp time. Recently, several firefighters including myself requested ...

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Collective Bargaining, Comp Time, and the FLSA

Today’s FLSA Question: My fire department has a firefighter out on long-term leave. He is receiving his normal salary by utilizing his accrued sick leave while out of work. While on leave he performed six hours of computer type work from home. This work wasn’t required. He volunteered to file some reports related to grants and other computer work. As ...

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VA Beach Settles “White Collar” FLSA Lawsuit with EMS Captains

The City of Virginia Beach, Virginia has agreed to a $200,000 settlement with 8 Emergency Medical Services (EMS) Captains following a November 2020 lawsuit for unpaid overtime. The captains alleged the city misclassified them as overtime exempt “white collar” employees in violation of the FLSA and Virginia state law. The terms of the settlement require the city to pay a ...

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Holiday Pay Battle Between WV City and Firefighters Continues

The long running legal battle between the City of Morgantown, West Virginia and its firefighters over holiday pay does not appear to be coming to an end anytime soon. This past week city firefighters filed an amended complaint in state court claiming the city owes firefighters almost $6.5 million after years of improperly calculating their holiday pay. The firefighters had ...

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West Virginia Supreme Court Denies City’s Latest Effort to Reverse Lower Court’s Decision in Firefighter Holiday Pay Dispute

In the latest bit of legal wrangling between the City of Martinsburg and its professional firefighters, the West Virginia Supreme Court of Appeals has denied the city’s appeal seeking to reverse an earlier ruling by a lower court, in favor of the firefighters. As a result, the 2018 lawsuit which centers around a highly unique West Virginia statute related to ...

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West Virginia Holiday Pay Dispute Wages On

Firefighters in Morgantown, West Virginia have demanded a public hearing with the city’s civil service commission following allegations of retaliation for refusing to settle a 2019 lawsuit over holiday pay. In June 2019, fifty-eight Morgantown firefighters filed the lawsuit alleging the City of Morgantown violated a West Virginia law that requires either paid time off, or time-and-one-half pay for all ...

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Virginia Beach Faces Overtime Lawsuit from EMS Captains

A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...

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