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 ...
Read More »Tag Archives: unpaid overtime
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 ...
Read More »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 ...
Read More »Fourth Circuit Reverses Lower Court’s Ruling: FLSA Lawsuit Filed by NC EMT Can Continue
The U.S. Court of Appeals for the Fourth Circuit has reversed a lower court ruling that previously dismissed an FLSA overtime lawsuit filed by a North Carolina EMT. Sara Conner, an EMT for Cleveland County, North Carolina Emergency Medical Services filed the lawsuit, on behalf of herself and other similarly situated EMTs, in the U.S. District Court for the Western ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Illinois Firefighters File FLSA Suit
A group of four firefighters have filed a lawsuit, in the U.S. District Court for the Northern District of Illinois, alleging their employer, the Village of Winthrop Harbor, Illinois, underpaid them for overnight shifts and failed to pay overtime as required by the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Village of Winthrop Harbor is a ...
Read More »Portsmouth VA Settles FLSA Suit with Paramedics Absent Trial
The City of Portsmouth, Virginia has reached a settlement with a group of fifteen paramedics ending an FLSA lawsuit filed in late 2020. The medics alleged the city failed to pay them overtime as required by the FLSA and Virginia Law. For more on the medics’ claims, including a copy of the complaint, click here. The terms of the settlement ...
Read More »
Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional