Tag Archives: unpaid overtime

Today’s FLSA Question: Can the terms of a negotiated agreement between a union and an employer [i.e., collective bargaining agreement, memorandum of understanding, etc.] supersede the FLSA’s overtime requirements? Answer: No, a negotiated agreement between a union and an employer will not supersede the FLSA’s overtime requirements. This is a relatively common misconception when it comes to the impact of ...

The City of Los Angeles is facing an FLSA lawsuit from several city firefighters over late reliefs and mandatory shift recalls. The complaint, which was filed on February 10, 2023, in the U.S. District Court for the Central District of California, contains allegations related to numerous instances of unpaid overtime raised by several city firefighters. According to the three named ...

In this Fire Law VLOG, Curt Varone and Bill Maccarone discuss three recent settlements involving high-ranking fire officers and their entitlement to FLSA overtime. What makes a high-level fire officer an overtime exempt executive or administrative employee under the FLSA? The FLSA and Department of Labor (DOL) regulations contain a long list of requirements necessary to classify any employee as ...

The Rancho Santa Fe Fire Protection District has settled a lawsuit filed earlier this year by two former fire department battalion chiefs. The settlement, which was approved by U.S. District Court Judge, Janis L. Sammartino on January 9, 2023, requires the district to pay a total of $99,000 to settle the former battalion chiefs’ overtime lawsuit. The two battalion chiefs ...

Former Lumpkin County Fire Department Battalion Chief Sharon Booth has filed suit against her former employer alleging that the county misclassified her as an overtime exempt employee in violation of the FLSA. The lawsuit, which was filed on November 30, 2022, in the U.S. District Court for the Northern District of Georgia contains rather straightforward claims of unpaid overtime for ...

Humphreys County, Tennessee is the latest public employer to face an FLSA lawsuit filed by its employees. A group of six current and former workers from the county’s sheriff’s office filed the lawsuit on behalf of themselves and other similarly situated individuals in the U.S. District Court for the Middle District of Tennessee on October 31, 2022. The plaintiffs, four ...

Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...

A paramedic from Honolulu, Hawaii has filed an FLSA lawsuit on behalf of himself, and other similarly situated individuals, claiming the Honolulu Department of Emergency Services is violating the FLSA. In the complaint, which was filed last week in the United States District Court for the District of Hawaii, paramedic Robert Hayslip makes three basic allegations: Hayslip alleges his employer ...

Today’s FLSA Question: I am a fire chief for a small full-time fire and EMS department. The folks at town hall just announced a new town-wide policy that requires all senior-level administrative staff [including myself and my assistant chief] be financially responsible for any costs associated with the loss, theft, or damage of any department issued electronic device. This includes ...

The Destin Fire Control District has settled an FLSA lawsuit with a total of nine firefighters for almost $40,000. The firefighters had alleged that the district required them to attend specific training sessions while off-duty and did not compensate them for that time. The district countered by claiming the firefighters attendance at the trainings was purely voluntary and provided by ...