Tag Archives: unpaid overtime

Illinois 911 Dispatchers File FLSA Lawsuit Following DOL Investigation

Several current and former civilian emergency (911) dispatchers from Evanston, Illinois have filed a lawsuit alleging the City of Evanston failed to pay them overtime as required by both federal and state law. The dispatchers allege, in a complaint filed in the U.S. District Court for the Northern District of Illinois on April 4, that the city has a practice ...

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Former Arkansas Sheriff’s Department Dispatcher Files FLSA Lawsuit Alleging Misclassification, Uncompensated Pre-and-Post Shift Activities, and Comp Time Violations

Cayla Jackson, a former dispatcher and jailer for the Prairie County Arkansas Sheriff’s Department has filed a lawsuit against her former employer for multiple violations of both the FLSA and the Arkansas Minimum Wage Act. Jackson further claims that many other county dispatchers and jailers are not receiving overtime or straight time pay as required by both federal and state ...

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Tulsa Firefighters File FLSA Suit

A group of thirteen Tulsa, Oklahoma firefighters have filed an FLSA lawsuit against the City of Tulsa, the mayor, and the city’s chief operating officer. The thirteen filed the lawsuit on behalf of themselves and other similarly situated employees [i.e., other Tulsa firefighters that will likely join the lawsuit over the next few months] in the U.S. District Court for ...

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Platoon Bid, Collective Bargaining, and the FLSA

Today’s FLSA Question: I am the union president for a mid-sized municipal fire department. Our labor agreement allows us to conduct an annual bid. Basically, all shift personnel bid by seniority in rank to a specific platoon (A, B, or C) and piece of apparatus once a year. The only “catch” is that the bid must occur at “no-cost” to ...

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Wake County, NC and Paramedics Reach a Quick Settlement Following FLSA Lawsuit

Wake County, North Carolina has reached a very quick settlement with a group of current and former paramedics following a March 2021 FLSA lawsuit in which county medics alleged “miscalculated overtime premiums.” The settlement requires Wake County pay a total of $297,121.90 to settle all claims for back wages and liquidated damages with all plaintiffs. Additionally, the county will pay ...

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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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Sixth Circuit Court of Appeals Upholds Lower Court Ruling on Overtime, Establishment of a Qualifying Work Period, and the FLSA’s §207(k) Exemption

The U.S. Court of Appeals for the Sixth Circuit has upheld a lower court’s finding that in order to utilize the FLSA’s §207(k) partial overtime exemption, a fire department must establish a qualifying work period. This story began back in January 2020 when former Highland Hills, Ohio firefighter David Vance filed an FLSA lawsuit against his former employer. Vance’s allegations ...

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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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DOL Investigation Finds Colorado County Failed to Pay Law Enforcement Officers for Pre-and-Post Shift Work

An investigation conducted by the U.S. Department of Labor (DOL) has found that the Rio Blanco County Sheriff’s Office violated the FLSA by not paying law enforcement officers for the time spent working before and after scheduled work shifts. The FLSA requires employers pay overtime eligible employees for all hours worked. This includes time spent before and after assigned work ...

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