This is the second 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: We require mandatory weekly COVID tests for all of our firefighters. We pay off-duty firefighters four hours of overtime ...
Read More »Tag Archives: emergency medical services
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 »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 »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 »Ruling in FF/Medics’ FLSA Overtime Lawsuit Stresses Importance of FD Policies and Procedures
Fire Departments that utilize the FLSA’s §207(k) partial overtime exemption for cross-trained firefighter/EMTs should carefully review their policies and procedures following a recent court decision. The decision, which was handed down by U.S. District Court Judge Ada Brown, invalidated the Dallas/Fort Worth International Airport’s Fire Department’s (DFWFD) use of the §207(k) exemption for cross-trained firefighter/EMTs assigned to the department’s EMS ...
Read More »DOL’s PAID Program May Prove Useful for Fire Departments Seeking to Rectify Past FLSA Violations
Today’s FLSA Question: I am a newly appointed fire chief. I am very concerned about some of my department’s pay practices. In particular, payments made to firefighters for paramedic certification and longevity are not being included in their regular rate of pay. I want to resolve this issue. Based on my figures, we probably owe our firefighters around $60,000 in ...
Read More »California agrees to a total of $4.8 million in back wages to some CalFire firefighters
The State of California has agreed to pay almost 2000 firefighters a total of $4.8 million in back pay after shortchanging their regular rate over the past several years. According to The Sacramento Bee, the back wages will be going to approximately 1,900 CalFire firefighters that received cash payments in lieu of accepting employer sponsored medical benefits from May 2015 ...
Read More »DOL Announces Significant Relief for State and Local Government Employers for FLSA Violations
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 ...
Read More »TN County and Medics Settle Overtime Lawsuit
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 ...
Read More »Austin First Responders Upset Over City’s Hazard Pay Plans
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 ...
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