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Coronavirus Shift Change and the FLSA
Today’s burning question: Our firefighters work a 24-48 schedule on a 28-day work period. In light of the coronavirus emergency, we have decided to implement a 7-day on, 14-day off schedule. We have a very light workload and do not anticipate exhaustion being an issue. Does the FLSA prohibit such a schedule? And if not, how would we implement it?
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California Utility To Plead Guilty to 84 Counts of Manslaughter For Role in Wildland Fire
In a plea agreement announced today, Pacific Gas & Electric will plead guilty to 84 counts of involuntary manslaughter for its role in causing the Camp Fire in 2018. The utility was indicted previously in Butte County, but the indictment was sealed while the plea negotiations were ongoing.
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Junk Science Arson-Murder Conviction Leads to Wrongful Prosecution Suit
A Kentucky man who served 12 years for an arson-related murder that he was subsequently cleared of, has filed suit against a number of arson investigators and law enforcement officers who he claims “conspired to frame him for various offenses, including… capital murder… attempted murder … and first-degree of arson.”
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Tennessee Supreme Court Upholds Termination of Firefighter
The termination of a Tennessee firefighter who was fired in 2015 following an off-duty altercation, has been upheld by the Tennessee Supreme Court. Paul Zachary Moss was fired by the Shelby County Fire Department following a no-contest plea to charges that he assaulted two men with a firearm.
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California Firefighter and City Settle Discrimination Suit
A lawsuit accusing the La Habra Heights Fire Department of religious discrimination and sexual harassment, has been settled. Former volunteer firefighter Jared Hartstein filed the suit in LA County Superior Court accusing the department of terrorizing him throughout his five months of training.
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Collateral Damage Discipline of Boston Lieutenants Reversed
In a particularly blunt decision, the Massachusetts Civil Service Commission has overturned the discipline of two Boston fire lieutenants referring to them as “collateral damage for what appears to be a strategic move to counter” race discrimination allegations. Lt Marc Hayhurst and Lt Brian Summering were suspended for two tours each.
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Massachusetts Ambulance Provider Resolves Collection Complaints By Cancelling $1.6 Million in Charges
Massachusetts Attorney General Maura Healey announced last week that a local ambulance service will be canceling nearly $1.6 million in EMS transport charges and paying $50,000 in restitution to resolve consumer protection complaints into its collection practices. The AG's office began investigating Trinity EMS, Inc., attorney Robert White, and Stevens Business Services.
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California Union’s Retaliation Suit Against City Officials Dismissed
A lawsuit filed last year by Santa Maria City Firefighters IAFF Local 2020 accusing the city, Fire Chief Leonard Champion, former City Manager Rick Haydon, and Human Resources Director Jayne Anderson of retaliation, has been dismissed against the three officials.
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Phoenix Prevails in Wrongful Arrest Suit Over Arson Case
A lawsuit filed against the City of Phoenix by man who spent 14 months in jail on arson charges for an accidental fire, has been dismissed. Carl Vincent Ball Caples claimed the city violated his civil rights when investigators charged him with arson.
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Tucson Prevails in Termination Suit
A probationary Tucson firefighter who was terminated in 2015, has lost the appeal of his wrongful termination suit. Michael Burroughs sued the city claiming he was retaliated against because he filed a workers’ comp claim and because he was the victim of disability discrimination.
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California Fire Chief Sues for Wrongful Termination
A California fire chief who was terminated last year has filed suit alleging wrongful termination and an assortment of employment related counts. Larry Whithorn, who was promoted to fire chief in West Covina in December, 2014, was terminated by the city on April 22, 2019.
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LA Court Rules Firefighters Cannot be Ordered to Work in Higher Rank
Louisiana’s Fifth Circuit Court of Appeal has upheld a trial court ruling that firefighters in Kenner cannot be ordered to work “out of class”. The case was brought in 2019 by Firefighter Brian Drumm, an apparatus operator, on behalf of all firefighters similarly situated and Kenner Firefighters IAFF Local 1427.
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Mass Firefighter Charged With Soliciting Minor in RI
A Massachusetts firefighter has been arrested in Rhode Island on charges that he solicited sex from an undercover police officer posing online as a 14-year old girl. Edward Mathias, 40, a ten-year veteran of the Fall River Fire Department, was arrested earlier this week when he attempted to meet the girl in Rhode Island.
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