Today’s FLSA question: I am a U.S citizen working as a contract firefighter at a U.S. military base overseas. The company I work for is based in the U.S. My co-workers and I receive straight time for all hours worked. We receive zero overtime. We average over 80 hours of work per week! Does the FLSA apply to us? The ...
Read More »Tag Archives: overtime
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 »Vacation Buy-Back and the FLSA
Today’s FLSA Question: Our employment contract contains a provision entitled “annual vacation buy-back,” which allows firefighters to cash out up to 100 hours of unused vacation hours annually. The hours are paid at the firefighter’s hourly rate at the time of buy-back. Does this “buy-back” money for unused vacation time need to be included in the firefighter’s regular rate? Excellent ...
Read More »Louisiana Police Chief Criminally Charged for False Overtime Claims
Former Killian, Louisiana, Police Chief Dennis Hill has been indicted on felony malfeasance charges for allegedly requesting payments for overtime he never worked. The felony charge comes on the heels of an investigation conducted by the Louisiana Legislative Auditor into the former chief’s actions. Despite numerous claims of alleged criminal conduct within the auditor’s report, the grand jury only indicted ...
Read More »Georgia Fire Investigator Denied Overtime
In an unusual decision from the U.S. District Court for the Middle District of Georgia, a former fire investigator for the Columbus Consolidated Government Fire and EMS Department (CCG Fire & EMS) was denied overtime pay under a very limited and unique provision of the FLSA. It is too soon to know if the former investigator will appeal. However, there ...
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