An FLSA lawsuit filed by more than 2,500 FDNY EMTs and Paramedics back in 2013 is inching towards a conclusion after a federal judge dismissed the city’s most recent attempt for a new trial last week. This latest decision comes on the heels of a 2019 trial in which a jury awarded the FDNY EMTs and medics over $14 million ...
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NYC Settles FLSA Lawsuit with Four FDNY Motor Vehicle Operators for more than $400K
The City of New York has agreed to pay four current and former FDNY Motor Vehicle Operators (MVOs) and their attorneys a total of $429,901.18 to settle an unpaid overtime lawsuit. The MVOs, filed the lawsuit in June 2019, alleging the city failed to pay them for required pre-and-post shift activities (i.e., off-the-clock work), time spent working during unpaid meal ...
Read More »DOL Finds Illinois Police Dept. Failed to Pay OT as Required by the FLSA
Following an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division, the City of East St. Louis, Illinois has been ordered to pay almost $160,000 in back wages and penalties to a total of 19 city police officers. The DOL investigation uncovered several FLSA violations. In particular, the DOL found that the city failed to pay police ...
Read More »“Use It, or Lose It” Policy Not an Option for FLSA Comp Time
Today’s FLSA Question: I am a non-exempt battalion chief for a municipal fire department. Our department requires all non-exempt chief officers, like myself receive FLSA comp time in lieu of FLSA overtime. Recently, the city changed some comp time policies. First, the maximum number of comp time hours an employee can accrue is now capped at 300 hours. Previously, we ...
Read More »Guaranteed Overtime, Pay Smoothing, and the FLSA
Today’s FLSA Question: I am a firefighter for a city fire department. We have a total of 33 line firefighters and officers assigned to 2 stations on 3 shifts. We work 24 hours on duty, followed by 48 hours off-duty. Our department uses a 14-day work period and we receive overtime for all additional hours worked outside of our normally ...
Read More »Louisiana Firefighters Set to Receive Close to $1.7 Million in Back Pay 13 Years after Filing Suit
The State of Louisiana has a unique state law that requires most firefighters in that state receive a uniform minimum salary amount and longevity pay after three years of continuous service. In 2008, a group of thirty-two current and former Bastrop, Louisiana firefighters filed a lawsuit in state court alleging the city’s pay practices violated this state law. In 2014, ...
Read More »Ohio City Settles FLSA Lawsuit with Firefighters
The City of Eaton, Ohio has settled a lawsuit filed by four current and former fire department employees for a total of $185,000. The lawsuit, which was filed in 2019 by four of the department’s five full-time employees, contained two basic allegations. The first allegation was that the city misclassified the four full-time fire department employees as overtime exempt executive ...
Read More »FL Fire Captains Reach Settlement with County Following FLSA Suit
Seventeen Fire Captains from Marion County Fire and Rescue (MCFR), in Marion County, Florida have reached a settlement with the county following a 2019 lawsuit alleging they were misclassified as overtime exempt executives. The settlement, which still must be approved by the court, requires the county to pay a total of $725,000 to the captains and their attorneys. The settlement ...
Read More »DOL Makes FLSA Mistakes More Costly for Employers
On April 9, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—officially rescinded a controversial employer-friendly enforcement practice implemented less than a year ago. As a general rule, the FLSA requires liquidated damages be assessed after finding an employer violated the Act’s minimum wage or overtime requirements. Liquidated ...
Read More »Alabama Fire Inspectors File FLSA Overtime and Retaliation Lawsuit
The City of Selma, Alabama is the latest city facing an FLSA lawsuit filed by city firefighters. Three Assistant Fire Marshals/Fire Inspectors filed the suit, in the U.S. District Court for the Southern District of Alabama, on April 19, 2021. Richard C. Byrd, Willie J. Mason Jr., and Aeneas L. Pettway allege that the city failed to pay them overtime ...
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