Tag Archives: executive exemption

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 work as an administrative assistant for a small municipal fire department. City hall issued a memo last month eliminating non-essential overtime across all city departments. Our fire chief requested an exception from this prohibition for me, since our office is already shorthanded. City hall responded that as an administrative employee, I could agree to accept comp ...

The Newton County Fire Department has reached a settlement with three battalion chiefs (BCs) following a 2019 lawsuit over FLSA overtime. The three BCs filed the suit in U.S. District Court for the Northern District of Georgia in November 2019. The three alleged the county improperly reclassified BCs from overtime eligible first responders to overtime exempt employees in July 2018. ...

Today’s FLSA Question: I am the Fire Marshal for a mid-sized fire department. The town considers my position overtime exempt. I have been pressing town hall for an explanation of why my position is classified this way. The HR Director initially told me I was an overtime exempt executive employee. However, I informed him that exempt executives must supervise other ...

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 ...

The Department of Labor (DOL) will be implementing several important updates to regulations related to the FLSA over the next few weeks. These updates include an increase in the minimum salary required for overtime exempt “white-collar” employees and critical changes to DOL regulations related to the regular rate of pay. It would be nearly impossible to properly address these changes ...

Three Newton County, Georgia Battalion Chiefs (BCs) have filed a federal lawsuit claiming the County’s Fire Department fails to pay them overtime in violation of the FLSA. Battalion Chiefs Bobby Cagle, Brian Massey, and Ralph “Trey” Stewart III filed the lawsuit in the U.S. District Court for the Northern District of Georgia, on November 27, 2019. Specifically, the three BCs ...

Gary Perry, a paramedic for Montgomery County Emergency Medical Services, has filed a federal lawsuit alleging the county fails to pay him and other similarly situated medics overtime as required by the FLSA. According to Perry’s complaint—which was filed in the U.S. District Court for the Middle District of Tennessee on October 28—the county does not provide Perry and other ...

A group of sixteen fire captains from the Marion County Fire and Rescue Department (MCFRD) filed a federal lawsuit last week claiming the county has violated the FLSA. In a complaint filed in the U.S. District Court for the Middle District of Florida, on September 18, 2019, the captains made two basic claims:

Cook County, Illinois is the latest employer dealing with an overtime lawsuit filed by county workers. Three Regional Coordinators for Cook County Department of Homeland Security and Emergency Management (DHSEM) filed a lawsuit on August 21, 2019 in the U.S. District Court for the Northern District of Illinois seeking unpaid overtime. Regional Coordinators Christopher Bruce, John David Daniel, and Brian ...