Tag Archives: wage and hour

Pay parity effort between New York City EMTs and FDNY results in new lawsuit

This past week two unions that represent New York City EMS workers and fire inspectors filed a lawsuit against the city. The suit accuses the city of refusing to release documents related to the race, gender, rank, and disciplinary history of both FDNY and other city workers. The union is seeking this information in an effort to illustrate EMS workers ...

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$3.5 Million Reasons why Fee-Laden Debit Cards are NOT the Best Idea for Payroll

Warning!! Not Firefighter Related . . . But interesting story from Pennsylvania today . . . Ever think about paying your workers with “fee-laden debit cards?” Just as an FYI, it is probably not the best idea. A Pennsylvania judge recently approved a class action settlement between almost 2,400 former and current McDonald’s employees that were paid with “fee-laden debit ...

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City Looks to Curb Firefighter Overtime in New Contract

The Austin City Council is set to review a new contract between the city and firefighters later this week. The new agreement changes, among other things, the way overtime is paid to the city’s firefighters. The agreement comes on the heels of a recent report that found overtime for the Austin Fire Department had increased 147 percent between 2014 and ...

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Texas Court Strikes Down Obama-Era EAP Changes . . . Again

The wait is finally over. On August 31, a federal judge in Texas issued an opinion formally striking down proposed Department of Labor (DOL) changes for Executive, Administrative, and Professional (EAP) employee exemptions under the Fair Labor Standards Act (FLSA). The latest decision comes several months following this judge’s earlier ruling that postponed the long-awaited implementation of new federal regulations. ...

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Police officers in Virginia sue city for unpaid overtime

Four Richmond VA police officers are suing the city for unpaid overtime. The officers filing the law suit were assigned to former mayor, Dwight C. Jones’ “Executive Protection Unit” (EPU). This specialized unit provided security and transportation for the mayor.  According to the complaint, these officers worked and were paid “significant overtime” in the past.  However, EPU operations and costs ...

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Should you get paid for answering phone calls and responding to emails while “off-duty”?

The City of Philadelphia just agreed to pay police officer’s approximately $8 million dollars to do just that. The Fraternal Order of Police Lodge 5 which represents Philadelphia police officers filed a complaint alleging the City required officers to frequently check phones and email while “off-duty”. The officers argued requiring them to regularly check and respond to department calls and ...

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Retroactive Pay Increases, Bonuses and the FLSA

Today’s Question: The city and firefighters just concluded a long and drawn out battle over a new contract.  The old contract expired six months ago.  The new contract contains two provisions that are raising questions in the stations.  The first is a 2% retroactive pay increase (retroactive to July 1) and the second is a “bonus” that is payable to ...

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Call Back Minimum, Hours Worked and the FLSA

Question of the Day Our employment contract states “any employee that is called back to duty shall be compensated for a minimum of four (4) hours”.  There are times when firefighters are called back to work for only an hour or two.  The firefighter still receives four hours of pay even if they work less than four hours.  When counting ...

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No OT for some Chicago PD Officers

On August 3, 2017, the 7th Circuit Court of Appeals affirmed a district court ruling that denied over 50 Chicago police officers overtime pay for “off-the-clock” work.  These plaintiffs were current and former members of the Chicago Police Department’s Bureau of Organized Crime.  The officers filed suit several years ago seeking compensation for time spent conducting police work on department ...

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Common FD FLSA Mistakes Vol. 5

5 Common FLSA (For Fire Departments) Violations and Ways to Avoid Them (Part 5 of 5) The Fair Labor Standards Act (FLSA) was originally implemented in 1938.  Workplaces have changed drastically since that time.  Many of the most common FLSA violations reflect that transition.  Modern technology has transformed the workplace in ways the original framers of the FLSA could not ...

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