Today’s FLSA Question: I am a fire chief. I recently had a lieutenant work past the end of his shift and submit an overtime request without authorization. I denied his request for overtime and reminded him that all non-emergency overtime must be pre-approved in advance. Now, the union has filed a grievance and the lieutenant is saying he may institute ...
Read More »Tag Archives: wage and hour
Tennessee City Rectifies Overtime Pay Issues with Firefighters
The City of Fayetteville, Tennessee has paid twenty-three current and former city firefighters a total of $92,515 after city officials discovered errors in the way overtime was calculated. City officials acknowledged a “discrepancy” related to firefighter overtime back in August 2018. It appears the city moved quickly to resolve the issue and avoided a protracted and often costly legal battle ...
Read More »Two NY Chiefs Are The Latest To Turn-In Their Rank For Higher Paying Opportunities
The City of Niagara Falls, NY will be looking for new police and fire chiefs this New Year. Both chiefs stepped down from their positions just prior to the end of 2018. On first glance this type of change is not unusual. Many high-ranking public safety officials plan retirements around this time of year, however in this instance, neither men ...
Read More »Federal Workers File FLSA Suit Over Shutdown
The labor union representing thousands of government workers has filed a lawsuit alleging the federal government is violating the FLSA by failing to pay essential government workers during the current shutdown. The federal government shutdown began December 22, 2018 and continues today with no end in sight. As a result, funding for most of the federal government’s workforce ended and ...
Read More »Former Indiana Firefighter Alleges Retaliation Following FLSA Comp Time Payout Request
A former Indiana firefighter and fire chief is suing his former employer for allegedly violating the FLSA. Ernie Campbell, a former firefighter and the one-time Fire Chief of the Center Township Fire Department, in LaPorte, Indiana filed the suit on December 10. Campbell—an employee of Center Township Fire Department from 1989 to 2018—makes two basic claims in his complaint. The ...
Read More »Cleveland Ohio EMS Captain Files FLSA Suit Against the City
Captain Margerita Noland-Moore, a paramedic for the City of Cleveland’s Division of Emergency Medical Services, has filed a lawsuit against the city alleging she and as many as 300 other city EMS employees have been shorted overtime pay. The complaint, which was filed on November 26, alleges several specific violations of both the FLSA and Ohio law. According to the ...
Read More »Settlement Reached in Georgia Firefighters Regular Rate FLSA Lawsuit. . .Again
The Augusta-Richmond County Fire Department has reached a settlement with more than sixty- firefighters following allegations the county failed to include supplemental pay granted to firefighters for either EMT or Paramedic certification in the firefighter’s regular rate of pay. The FLSA requires virtually all remuneration — like compensation paid to firefighters for EMT or paramedic certification — included in a ...
Read More »Right-to-Work States, Collective Bargaining, and the FLSA
Today’s FLSA Question: I am the president of my local firefighter’s union. I was told that since we live in a collective bargaining state and are not subject to right-to-work laws, knowledge of the FLSA is not essential for us. Is this true? Answer: Nothing could be further from the truth. The FLSA is a federal law. Virtually all of ...
Read More »In FLSA Litigation. . .Time is not always on your side
Today’s FLSA Question: Several firefighters and I discovered our fire department was violating the FLSA. We brought the errors to the chief’s attention, and he quickly made corrections. The payroll problems pre-dated his tenure as chief and it was an honest mistake, however most firefighters are owed several years back wages. The chief assured us that he would discuss this ...
Read More »California Voters Clear Path Around Costly Wage and Hour Laws for Some EMS Workers
California voters overwhelmingly approved a voter initiative entitled Proposition 11 – Emergency Ambulance Employee Safety and Preparedness Act” (Act) during last week’s mid-term election. In part, this new state law will require ambulance companies provide advanced training and improved access to mental health assistance for private sector ambulance workers. In addition, Proposition 11 also mandates paid rest periods for ambulance ...
Read More »