Fire Law Podcast Episode No. 9 – FLSA Ruling by 9th Circuit in Firefighter Overtime case
In this episode of Fire Law, firefighter-attorney Bill Maccarone explains a recent decision by the US 9th Circuit Court of Appeals in an overtime case brought by 82 firefighters from the Menlo Park Fire Protection District who alleged their overtime wages were not properly calculated. Listen as Curt and Bill discuss why the court ruled against the firefighters.
Here is a copy of the case: Balestrieri v Menlo Park
The FLSA is a complicated area of the law, one that poses difficult challenges for firefighters and fire departments. Curt and Bill will be discussing these challenges in our new three-day program, Fair Labor Standards Act for Fire Departments, being held in Las Vegas – February 9-11, 2016, hosted by the Clark County Fire Department. For more information, including $49/night rooms at the Orleans Hotel & Casino, click here.
I think there is a misunderstanding here. If the firefighter arrives at his home station and gets transferred once there, he gets paid. The issue here is when a firefighter gets a call (in advance) requiring them to work at a guest station and they have to get to their home station early to get their gear and transfer, they don’t get paid. Your representation suggests that once a firefighter is at work and gets transferred they go off the clock. I am not sure that’s what the ruling says. My impression this ruling is about when an employee has to come in EARLY to pick up gear.
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My FD dealt with the issue of, if you are on duty, at Stn 69 and then are called in to work Stn 67 the next day as to whether or not you one hour travel time between stations was payable at OT, or your temporarily “off the clock” during travel between stations.
It was determined that if I work 24 hours at Stn 69 and work at Stn 67 I’m still paid 24 hours OT at Stn 67.
We have a four hour call back in to a station.
If a firefighter is at home and called in to work at 8 AM for emergency coverage, it still works out a full 24 hour OT pay for that day. This covers an hour to prep and drive into your station to get your gear and go to the station.
It’s not uncommon that person may have to drive to their station and then to the OT station 100 miles away, in my FD.
Buy Back of time
I know that some surrounding FDs to mine have it in their MOU/CBA. In mine the only way you can get paid for unused sick leave is:Go off work for that year or
Retire under “Regular-Pending Disability”
Some how, my State Fire Agency, doesn’t payout unused sick leave, but will pay out if you combine your sick leave with vacation time-“Annual Leave” but you are supposed to only go as high as 640 hours- which I exceed.
It’s interesting to see this case compared to the one from Charleston SC..