A group of more than 1,000 Washington D.C., police officers filed a lawsuit earlier this week in the U.S. District Court for the District of Columbia alleging the District has shorted the officers’ overtime rate during the COVID-19 pandemic. Specifically, the officers claim the District has failed to include hazardous duty pay in their regular rate of pay in violation ...
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Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...
Read More »DOL Announces Significant Relief for State and Local Government Employers for FLSA Violations
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—has announced a major policy shift related to liquidated damages in pre-litigation settlements following DOL investigations. As a result of this change, state and local government employers will likely be able to avoid any liquidated damages in the event a DOL ...
Read More »GA County Fire Department Faces A Second FLSA Suit Since 2018
The Cobb County Georgia Fire Department is facing a second lawsuit in as many years for allegedly violating the FLSA. David Simister, a fire captain for Cobb County Fire filed this second suit, on behalf of himself and “other similarly situated individuals,” last week in the U.S. District Court for the Northern District of Georgia. Simister claims the county’s pay ...
Read More »TN County and Medics Settle Overtime Lawsuit
Putnam County, Tennessee has reached a $280,000 settlement agreement with a group of current and former EMTs following a 2019 lawsuit over alleged FLSA violations. The suit, which was initially filed by a lone paramedic last July, contained three basic allegations. First, the county failed to pay for off-the-clock pre-and-post shift work, second, the county improperly implemented the “fluctuating workweek ...
Read More »PA Firefighter Files FLSA Suit
A Pennsylvania firefighter is claiming that his employer failed to pay him and other similarly situated firefighters’ overtime as required by federal law. Keith Still, a firefighter for Manheim Township Fire and Rescue, in Lancaster, Pennsylvania filed the suit on July 13 in the U.S. District Court for the Eastern District of Pennsylvania. Still alleges the township’s pay practices related ...
Read More »MI City Ordered by DOL to Pay More Than $50K in Unpaid OT and Penalties to Four Police and Fire Department Employees
The U.S. Department of Labor (DOL) has ordered the City of Highland Park, Michigan to pay four current city employees $49,181 in back wages and another $1,368 in penalties following an investigation into the city’s pay policies. The investigation found violations in the way the city counted hours worked for certain city employees. Specifically, four city employees that work as ...
Read More »Paramedics, Pre-and-Post Shift Activities, Retaliation, and the FLSA
Today’s FLSA Question: I was a paramedic for a local fire department. The department has a policy that requires medics brief each other face-to-face at the beginning and end of each 12-hour shift. Medics must fill each other in on the calls that were run, medications used and replaced, account for on-board narcotics, computer, and radio equipment. This process takes ...
Read More »207(k) Exemption, Non-Firefighter Medics, and the FLSA
Today’s FLSA Question: I recently accepted a job as fire chief in a small combination fire department. We have a great mix of full-time, part-time, and paid-on-call firefighters. This department is much smaller than my previous employer and they do things a little differently. I am concerned about the way we pay our non-firefighter medics. Historically, the department hired from ...
Read More »Judge Sides with WV Firefighters In First Round of Holiday Pay Dispute; Extent of Damages and Fate of Retaliation Claims Remain
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 ...
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