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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)—the arm of the DOL responsible for enforcing the FLSA—has announced a major policy shift related to liquidated damages in pre-litigation settlements following DOL investigations. As a result of this change, state and local government employers will likely be able to avoid any liquidated damages in the event a DOL ...

Lawyers representing the City of Martinsburg, West Virginia recently announced that the city will appeal a state court decision over holiday compensation for the city’s firefighters. In a February 2020 decision, Judge Laura Faircloth found as a matter of law [i.e. absent a trial], that the city’s holiday pay plan for its firefighters violated the West Virginia Wage Payment and ...

The Cobb County Georgia Fire Department is facing a second lawsuit in as many years for allegedly violating the FLSA. David Simister, a fire captain for Cobb County Fire filed this second suit, on behalf of himself and “other similarly situated individuals,” last week in the U.S. District Court for the Northern District of Georgia. Simister claims the county’s pay ...

Today’s FLSA Question: I am a city human resources manager. Our city’s firefighters work 24 hours on-duty, followed by 48 hours off-duty for an average of 56 hours per week. Currently, the city utilizes a 27-day work period for line firefighters. However, our firefighters are paid bi-weekly. Therefore, firefighters frequently do not get paid for their overtime until two or ...

Putnam County, Tennessee has reached a $280,000 settlement agreement with a group of current and former EMTs following a 2019 lawsuit over alleged FLSA violations. The suit, which was initially filed by a lone paramedic last July, contained three basic allegations. First, the county failed to pay for off-the-clock pre-and-post shift work, second, the county improperly implemented the “fluctuating workweek ...

The City of Austin, Texas has announced that some city employees will be receiving “hazard pay” as a result of working during the coronavirus outbreak. Austin officials have announced that some city workers will receive a one-time lump-sum payment as a reward for coming to work during the height of the pandemic. The one-time payment could be as much as ...

A Pennsylvania firefighter is claiming that his employer failed to pay him and other similarly situated firefighters’ overtime as required by federal law. Keith Still, a firefighter for Manheim Township Fire and Rescue, in Lancaster, Pennsylvania filed the suit on July 13 in the U.S. District Court for the Eastern District of Pennsylvania. Still alleges the township’s pay practices related ...

Air Methods, Inc., the country’s largest air medical transport company, has reached a $78 million settlement with approximately 450 current and former employees following a class-action lawsuit alleging the company failed to pay overtime as required by California law.  Flight crew members filed their suit in California’s Alameda County Superior Court in 2013. They alleged Air Methods failed to pay ...

Fourteen fire investigators for the Prince George’s County Fire Department have filed a federal lawsuit in the U.S. District Court for the Southern District of Maryland, alleging the county violated the FLSA. The crux of the investigators’ claim lies with the way the county pays its fire investigators overtime, or more precisely, how many hours a fire investigator must work ...

Today’s FLSA Question: I am a career firefighter. The city provides a $90,000 life insurance policy for all firefighters. I noticed the city included a portion of the cost of the insurance policy as taxable income in my last paycheck of 2019. I asked our finance department for an explanation. I was told the IRS requires some fringe benefits, like ...