Two deputy fire chiefs with the Arlington, Texas Fire Department have filed a lawsuit alleging the City of Arlington fails to pay them overtime as required by Texas law. The complaint, which was filed in Tarrant County, Texas, on the behalf of Deputy Fire Chiefs Troy Brooks and Scott Hofstrom, contains several basic allegations. Quoting from the complaint: During all ...
Read More »Tag Archives: white collar exemptions
Reimbursement for Lost and Damaged Department Issued Electronic Devices and the FLSA
Today’s FLSA Question: I am a fire chief for a small full-time fire and EMS department. The folks at town hall just announced a new town-wide policy that requires all senior-level administrative staff [including myself and my assistant chief] be financially responsible for any costs associated with the loss, theft, or damage of any department issued electronic device. This includes ...
Read More »Retired Georgia Battalion Chief Files Lawsuit for Unpaid Overtime and Breach of Contract
A recently retired battalion chief from the Roswell, Georgia Fire Department has filed a federal lawsuit against the City of Roswell alleging the city’s pay practices violate both the FLSA and state laws. Retired Battalion Chief Edwin Vickery filed the lawsuit on July 28, 2022, in the U.S. District Court for the Northern District of Georgia. Here is a breakdown ...
Read More »DOL Expected to Change Salary Requirement for Overtime Exempt Employees
In today’s Fire Law VLOG, Curt and Bill discuss the fire service implications related to an expected increase in the minimum salary requirements for overtime exempt white-collar [EAP] employees. Do you have questions about the FLSA and how it applies to firefighters and other first responders? Please consider attending the next FLSA for Fire Departments Live Webinar scheduled for June ...
Read More »Overtime Exempt Battalion Chiefs, Flat Rate for Additional Hours Worked, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a full-time fire department. I do not receive any overtime pay for my scheduled work shifts or for required meetings or trainings. I receive extra pay for working additional hours on other shifts. For example, if one of the other two battalion chiefs is on vacation or takes a ...
Read More »California City Faces FLSA Overtime Lawsuit from Battalion Chief
The City of Encinitas, California is the latest city to face an FLSA overtime lawsuit from a fire department battalion chief. The lawsuit, which was filed in the U.S. District Court for the Southern District of California on April 8, alleges the city misclassifies battalion chiefs as overtime exempt employees in violation of the FLSA. As of now, the lawsuit ...
Read More »Battalion Chiefs, Straight Time Overtime, and the FLSA
Today’s FLSA Question: I am an overtime exempt battalion chief for a mid-sized municipal fire and medical department. I do not receive any FLSA overtime. Despite being overtime exempt, the city pays me and other exempt chiefs “straight time overtime” for additional shifts worked beyond the normal work schedule. This is paid at our normal hourly rate. It is not ...
Read More »Virginia Battalion Chiefs File FLSA Lawsuit
A group of ten Alexandria, Virginia battalion chiefs filed an FLSA lawsuit this past week alleging the city improperly classifies them as overtime exempt “white-collar” employees in violation of both federal and state law. According to the complaint, six of the battalion chiefs are assigned to 24-hour shifts and serve as “Operational Battalion Chiefs.” The remaining four plaintiffs work a ...
Read More »Federal Judge Approves Settlement in Virginia Beach FLSA Misclassification Lawsuit
Senior United States District Court Judge Rebecca Beach Smith has approved a $200,000 settlement in a FLSA misclassification lawsuit filed late last year by a group of Emergency Medical Service (EMS) Captains, in Virginia Beach, Virginia. The settlement, which was officially approved by the court on Friday December 10, 2021, requires the City of Virginia Beach to pay a total ...
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