William Perry, a firefighter and dispatcher for the East Greenwich Fire Department, has filed an FLSA suit against his employer, the Town of East Greenwich, Rhode Island. The suit which was filed on March 23, 2018, in federal court alleges the town willfully violated the FLSA over the past three years. Perry is seeking back wages, liquidated damages, and attorney’s ...
Read More »Tag Archives: first responders
The Regular Rate, FLSA, and Firefighters Part I
This is the first installment in a six-part series from FirefighterOvertime.org on the regular rate. Proper calculation of the regular rate is critical. All FLSA overtime must be at least time and one-half of the regular rate. The regular rate has been referred to as the “linchpin” of the FLSA. Not only is calculating the regular rate important, it can ...
Read More »Civilian Public Safety Dispatchers & the FLSA
Today’s FLSA Question: I am a city HR director. We employ civilian public safety dispatchers who handle dispatching for both the police and fire departments. The dispatchers work an average of 42 hours per week. If they work all their assigned shifts, the dispatchers are paid 80 hours of straight time and four hours of overtime every two weeks. The ...
Read More »Allegations of Unpaid Overtime and FLSA Regular Rate Violations for some California Firefighters
Twenty-three current and former La Verne, California, firefighters have filed a federal lawsuit against the city for violations of the FLSA. The firefighters make two basic allegations in a six-page complaint filed in the Central District of California. First, the City of La Verne failed to pay some firefighters for all hours worked attending meetings, training, and performing other administrative ...
Read More »Sick Leave Buy-Backs and the Regular Rate
Today’s FLSA Question: I recently read (on FirefighterOvertime.org) that money paid to firefighters for unused vacation time typically does not need to be included in a firefighter’s regular rate. Our employment contract provides “bonuses” up to $1,000 annually if a firefighter does not use any sick time in a calendar year, and states that a certain number of unused sick ...
Read More »They are volunteers . . . Right?
Today’s FLSA Question: I am the chief of a small but increasingly busy volunteer fire and EMS department. Our volunteers are paid $12 per hour when responding to calls. I was picking up the firefighters’ 1099s last month, and the accountant asked me a question about “our employees.” This caught me by surprise. I told her we have volunteers, not ...
Read More »FirefighterOvertime Update – Police officers settle OT dispute with City of Richmond, VA
The City of Richmond, Virginia, has agreed to pay approximately $50,000 to settle a lawsuit filed by four police officers regarding unpaid overtime. The lawsuit, which was filed in August of 2017, claimed the city failed to pay overtime to officers assigned to the former mayor’s private security detail. The officers claimed the city unilaterally stopped paying overtime for hours ...
Read More »Former California Police Officer Sues City for Unpaid Overtime Related to K9
Adolfo Jimenez, a former police officer for the City of Parlier, California, has filed a federal law suit in the Eastern District of California, claiming the city violated the Fair Labor Standards Act (FLSA). The suit alleges the city failed to adequately compensate Jimenez for off-the-clock work related to the care, training, maintenance, and transport of his police work dog. ...
Read More »Paying Firefighters . . . It’s all about the work period
The FLSA requires any public agency electing to utilize the §207(k) partial overtime exemption for police officers and firefighters establish a work period. In other words, to avoid paying overtime to firefighters and police officers after they work 40 hours every 7 days, the public agency needs to establish a qualifying work period. While establishing a work period may not ...
Read More »Another Fire Department Moves Away from Fluctuating Workweek
The Summerville Fire and Rescue Department in Summerville, South Carolina is the latest fire department to move away from paying its firefighters under the fluctuating workweek (FWW) method of overtime compensation. Summerville firefighters will no longer receive salary-based pay under the FWW and instead will be compensated by the hour. The move is expected to cost the city an additional ...
Read More »