Can the terms and conditions of a collective bargaining agreement (CBA) supersede the FLSA’s basic overtime requirements? That was one of several questions answered recently by a federal judge in Illinois. District Court Judge J. Phil Gilbert ruled that an FLSA lawsuit filed by a group of 911 dispatchers that work for the St. Clair County Emergency Management Association can ...
Read More »Tag Archives: §207(k)
FDNY Settles Another FLSA Lawsuit with EMS Workers
One chapter in the City of New York’s seemingly never-ending wage and hour litigation with city EMS workers might be coming to a close very soon. The city and a group of more than 500 FDNY Emergency Medical Services supervisors have agreed to settle a 2016 lawsuit for unpaid work hours. This was one of two separate lawsuits filed in ...
Read More »MO Firefighter’s FLSA Regular Rate Lawsuit Expands to Include More Plaintiffs
A federal judge has ruled that an FLSA lawsuit filed by a lone former Independence, Missouri firefighter can move forward as a collective action. A collective action under the FLSA is a mechanism that allows similarly situated current and former employees the ability to band together in an FLSA lawsuit against their current or former employer. A collective action is ...
Read More »Firefighter Recruits and the FLSA’s §207k Partial Overtime Exemption
Today’s FLSA Question: I am a newly appointed captain in charge of my department’s training academy. Our department provides 16-week in-house training program for new recruits. At the end of the academy the firefighters are certified as Firefighter I and II. I have some serious concerns about the way we pay our recruits. We require our recruits to work around ...
Read More »Court Orders Enforcement of FLSA Settlement Despite Objection by Firefighters’ Attorneys
What began as a typical lawsuit over breach of contract and the inclusion of longevity in a couple dozen Mississippi firefighter’s regular rate of pay in late 2022, ended in a rather unusual court ruling this past week. A federal magistrate Judge has ordered the enforcement of a settlement agreement negotiated between the City of Biloxi, Mississippi and thirty-five city ...
Read More »Baltimore County Fire Union Sounding the Alarm over Staffing and Overtime… Again
For the second time in recent weeks, the Baltimore County Professional Firefighters Association is blasting county officials over staffing and overtime. The union has been raising public awareness of the county’s ongoing practice of shutting down two engine companies on weekdays in an effort to reduce overtime. According WJZ News Baltimore, the county has been rotating two engine companies out ...
Read More »Firefighters Traveling Out-of-State To Spec / Inspect Apparatus Can Cause FLSA Headaches
Today’s Advanced FLSA Question: What are the potential wage and hour concerns associated with sending non-exempt firefighters out of state to spec and/or inspect new fire apparatus? Answer: Good question. Believe it or not, this is a very advanced question. Allowing overtime eligible employees [like firefighters] to engage in work-related travel without considering the potential wage and hour implications is ...
Read More »Lockheed Martin Settles 2022 FLSA Lawsuit with Firefighters for Close to $1 Million
Lockheed Martin [a global aerospace and defense contractor] has settled a 2022 FLSA lawsuit filed by a group of forty-nine industrial firefighters for a total of $949,996. The crux of the firefighter’s claims was that Lockheed Martin only paid its in-house firefighters’ overtime after they worked more than 48 hours per week. The FLSA requires non-public agency fire departments, pay ...
Read More »Baltimore County Fire Shutting Down Companies Due to High OT Costs
According to the Baltimore County Professional Firefighters Association a significant staffing shortage along with an overspent annual overtime budget has led the county to expand the practice of shutting down two engine companies during weekday daytime hours to avoid overtime pay. According to the county, it is “re-directing personnel” during weekday hours from their normal positions to help train new ...
Read More »Philly Facing Off-the-Clock FLSA Suit
A police K9 officer from Philadelphia has filed a lawsuit against the city on behalf of himself and other “similarly situated” individuals for violations of the FLSA and state wage and hour laws. The lawsuit, which was filed in federal court on December 29, 2023, contains allegations that the city failed to adequately compensate the officer and other officers for ...
Read More »