Tag Archives: Fair Labor Standards Act

The Richmond Virginia Fire Department is short twenty-four firefighters. This shortage has created a drastic increase in the department’s overtime budget. According to Fire Chief Melvin Carter between $85,000 and $135,000 is spent on overtime every two weeks. Even Keith Andes, President of the Richmond Firefighters Association, agrees that spending that much on overtime is “unsustainable.” The department has already ...

This past July the Spokane Valley Fire Department (SVFD) filed an unusual lawsuit against the union that represents Spokane Valley firefighters (IAFF Local 3701). SVFD wanted the court to issue a “declaratory judgement” that SVFD battalion chiefs and fire marshals were exempt from receiving FLSA overtime. A declaratory judgement is when a court is asked to issue a formal opinion ...

On October 13th, the 3rd Circuit Federal Court of Appeals upheld a lower federal court decision that required an employer pay employees for short breaks. The FLSA has long mandated breaks less than 20 minutes be paid, however this employer made a rather unique argument that may just be worth a closer look. Progressive Business Publications (Progressive) employed hourly telephone ...

Today’s FLSA Question I run payroll for a municipal fire department. The fire chief wants to give firefighters an opportunity to work part time on their days off, staffing a city ambulance that transports sick and elderly patients home from the hospital, to doctors’ appointments, dialysis treatments, etc. Firefighters will be paid their regular hourly rate for all hours worked ...

Does your fire department use the fluctuating workweek method (FWW) of overtime compensation? A recent federal appeals court decision may have you looking for an alternative. Recently, the Fifth Circuit Court of Appeals limited the ability of some employers to use the FWW method of overtime compensation. Before we can discuss recent developments, let’s explain the FWW, and why you ...

The Austin City Council is set to review a new contract between the city and firefighters later this week. The new agreement changes, among other things, the way overtime is paid to the city’s firefighters. The agreement comes on the heels of a recent report that found overtime for the Austin Fire Department had increased 147 percent between 2014 and ...

Today’s FLSA Question I attended one of your Fair Labor Standards Act (FLSA) for Fire Departments seminars last year. I learned a great deal about the FLSA over those three days. However, I just took a promotional examination for deputy chief within my fire department and found the following question: Which of the following must be true in order for ...

Today’s FLSA Question I am a fire chief. My EMS chief wants us to consider a CPR notification system known as PulsePoint. It notifies trained citizens (and off-duty firefighters) when there is a CPR incident nearby so that immediate aid can be rendered. It’s a wonderful system, and as this video shows, one of the best uses for it could involve ...

The wait is finally over. On August 31, a federal judge in Texas issued an opinion formally striking down proposed Department of Labor (DOL) changes for Executive, Administrative, and Professional (EAP) employee exemptions under the Fair Labor Standards Act (FLSA). The latest decision comes several months following this judge’s earlier ruling that postponed the long-awaited implementation of new federal regulations. ...

For the second time in three years current and former Augusta-Richmond County firefighters have filed a federal lawsuit in the Southern District of Georgia claiming the county violated the Fair Labor Standards Act (FLSA). The firefighters claim the county failed to include EMT stipends in firefighter’s regular rate of pay. Determining the proper regular rate can be challenging at times ...