In an important and highly anticipated decision, the United States Court of Appeals for the Fourth Circuit upheld a 2019 federal court decision denying FLSA overtime for seven Chesapeake, Virginia Battalion Chiefs without the need of a trial. While this decision, which was handed down unanimously by a three-judge panel last Friday, only applies to a small handful of battalion ...
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TN County Settles FLSA Misclassification Lawsuit with Two EMS Captains
Montgomery County, Tennessee has reached a settlement with two supervisory paramedics following a 2019 FLSA lawsuit for unpaid overtime. Emergency Medical Services Captain Gary Perry initially filed the lawsuit, on October 28, 2019. Perry’s main allegation related to the county’s failure to pay him and other EMS Captains overtime as required by the FLSA. Perry also claimed the county misclassified ...
Read More »Virginia Beach Faces Overtime Lawsuit from EMS Captains
A small group of current and former EMS Captains for the City of Virginia Beach’s Emergency Medical Services Department have filed a federal lawsuit alleging the city’s pay practices violate both the FLSA and Virginia state law. According to the medics’ complaint, which was filed earlier this week in federal court, the city improperly classifies EMS Captains as overtime exempt ...
Read More »Uniform Allowances and the FLSA
This is the first of several posts dedicated to answering questions asked by attendees at the recent FLSA for Fire Departments live webinar. If you have questions like this, please consider attending the next live webinar in February 2021. FLSA Question: Can uniform allowances paid to police officers and firefighters be excluded from the regular rate of pay? Does the ...
Read More »Claims of Unpaid Overtime and Possible FLSA Retaliation for an Ohio City
A Columbiana Ohio, police officer recently filed a rather straight-forward lawsuit containing allegations of unpaid overtime. Patrolman Bryan Granchie, a K-9 officer for the Columbiana Police Department filed the lawsuit, in the U.S. District Court for the Northern District of Ohio, alleging the city failed to pay him for hours worked caring for his K-9 work partner “Csuti.” Lawsuits for ...
Read More »Firefighter/Medics Assigned to EMS Companies and the FLSA’s 207(k) Exemption
In this Vlog, Curt Varone and I discuss a recent federal court decision that invalidated one Texas fire departments use of the FLSA’s §207(k) partial overtime exemption for firefighter/medics assigned to EMS companies. Here is more on this important ruling. Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Read More »Study Finds Some Tennessee Firefighters Paid Less than Federal Poverty Rate
The City of Chattanooga is facing criticism over firefighter pay. The criticism, leveled by local union officials, follows a 2019 payroll study in conjunction with recent claims made by city administrators’ that ALL city employees will be paid above the “Federal Poverty Rate.” First, a 2019 payroll study found Chattanooga firefighters earn significantly less than other area firefighters. The starting ...
Read More »Firefighters, Daylight Savings Time, and the FLSA
Does your state participate in daylight savings time? Most likely, you answered yes to this question. Now, in addition to changing the batteries on your smoke and CO detectors, have you considered how daylights savings time may impact a firefighter’s hours worked? Since it is getting to be that time of year again, here is a post from FirefighterOvertime.org dating ...
Read More »Capping Firefighter Overtime, Collective Bargaining, and the FLSA
Today’s FLSA Question: I am a newly appointed fire chief involved in my first contract negotiations with the city’s firefighter union. Understandably, staffing and overtime are hot button topics. The city’s attorney has proposed capping overtime pay at a preset figure on an annual basis. For example, she proposed capping firefighter overtime at $250,000 annually during the term of the ...
Read More »VA Medics File Overtime Lawsuit
A group of fourteen paramedics filed a federal lawsuit last week alleging their employer, the City of Portsmouth Virginia, Fire Rescue and Emergency Services Department failed to pay them overtime as required by both the FLSA and Virginia law. According to the complaint, the medics work on a 14-day rotating schedule consisting of three 12-hour work shifts during the first ...
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