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Firefighters, Overtime, and the Fair Labor Standards Act (FLSA)

Firefighters, Overtime, and the Fair Labor Standards Act is the title of an article appearing in this month’s Firehouse Magazine. The article was written by my friend and colleague Curt Varone. The article is based on Curt’s Fire Litigation Database and delves into the top five reasons fire departments are getting sued under the FLSA. In the following podcast, Curt ...

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Firefighters, Retroactive Pay Raises and the FLSA

Today’s FLSA Question: I am a full-time firefighter. I recently left my first firefighting job in a small combination department. I worked there for almost 5 years before moving onto a bigger department. My former colleagues at this small combination department recently settled a long-running contract dispute with the town. As a result of this settlement, the firefighters will be ...

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$1.25 Million Settlement Reached in FLSA Suit by TN Correctional Employees for Unpaid Work Before and After Scheduled Shifts

Madison County, Tennessee, has agreed to a $1.25 million settlement with over 100 county employees following an FLSA lawsuit filed earlier this year. In July 2019, Natasha Grayson filed the suit in the U.S. District Court from the Western District of Tennessee on behalf of herself and other similarly situated county employees. The suit quickly grew to include over 100 ...

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City of Wilmington and Firefighters at Odds Over New Shift

Following several years of sparring between the City of Wilmington, DE and its firefighters’ union, the city is proposing a drastic change to the firefighters’ work shifts. The city has submitted a proposal to a neutral third-party arbitrator calling for firefighters to move from a four-platoon to a three-platoon organizational structure as a way to save money. According to ABC ...

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AL City Resolves Underpayment of Overtime with City Firefighters

Rainbow City, AL has paid twenty-two city firefighters a total of $22,846.88 following a Department of Labor Wage and Hour investigation. The investigation looked at the way city firefighters were paid from August 2017 to August 2019. The investigation revealed the city failed to pay firefighters overtime and maintain records as required by the FLSA. Specifically, the city agreed to ...

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Training Required for Promotion and the FLSA

Today’s FLSA Question: I am an HR director for a mid-sized city. The fire chief wants to require all future officers possess NFPA 1041 (Fire Service Instructor) and 1021 (Fire Officer I) certification prior to getting promoted. The chief tells me these classes are frequently offered at the state fire academy at a minimal cost. The chief also believes these ...

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