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San Diego Firefighters Claim City Violated the Firefighters Procedural Bill of Rights
San Diego Firefighters IAFF Local 145 has filed suit against the city claiming that the city’s refusal to provide details about allegations that led to a disciplinary investigation, violate the state’s Firefighter Procedural Bill of Rights. The case is complicated because it involves an EMS incident, pitting HIPAA concerns against the FPBOR.
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Massachusetts Fire Department Settles FLSA Lawsuit for $101k
The Town of Brookline has agreed to settle a class action lawsuit that alleged that firefighter overtime was not being paid in accordance with the FLSA. The federal lawsuit was filed last year by two fire lieutenants, Brian Bergeron and Paul Trahon, who also happened to be union officers for IAFF Local 950.
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Fire Law Roundup for December 16, 2024
In this episode of Fire Law Roundup for December 16, 2024, Brad and Curt discuss the $850K settlement of Houston fire captain’s claims over a nude video; an Alabama lawsuit alleging sexual harassment and retaliation; a ruling in Tennessee dismissing a lawsuit alleging a firefighter was discriminated against on account of alcoholism and PTSD; criminal charges brought against a firefighter in Pennsylvania for submitting falsified credential, and a lawsuit filed in Maryland alleging a fire department failed to accommodate a firefighter’s disability by allowing him to remain assigned to a station with a low call volume. Houston Settles With Firefighter…
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Maryland Firefighter Alleges Disability Discrimination
A Maryland firefighter has filed suit alleging the department failed to accommodate his disability by allowing him to remain assigned to a station with a low call volume. Mark Levy filed suit against Howard County and Howard County Fire & Rescue, alleging violations of the ADA and the Maryland Fair Employment Practice Act.
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Houston Settles With Firefighter Over Intimate Video for $850k
The City of Houston has agreed to settle the claims of a former fire captain over the unlawful accessing and sharing a nude video of her. An intimate video of Melinda Abbt was accessed and circulated among firefighters, one of whom was held liable last year for violation of a Texas law titled “Unlawful Disclosure or Promotion of Intimate Visual Material.”
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Tennessee Captain Loses Alcoholism-PTSD Disability Claim
A Tennessee fire captain who resigned while facing disciplinary charges in 2021, has failed in his bid to claim constructive termination, disability discrimination, and violations of the FMLA. Newport Fire Department Captain Justin Gilbert claimed that disciplinary charges were brought against him due to his alcoholism, which was worsened by his work-related PTSD.
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Fire Law Roundup for December 9, 2024
In this episode of Fire Law Roundup for December 9, 2024, Brad and Curt discuss criminal charges brought against an unauthorized responder who interfered with firefighting operations in Ramapo, New York; the settlement of a third reverse discrimination suit in Kansas City following the promotion of a black captain to deputy chief; The settlement of an FLSA overtime suit in FDNY for $4.3 million; the dismissal of a gender violence suit in Illinois; and the case of a Jamaican firefighter who was terminated following a conviction, but the conviction was overturned. Unauthorized Responder Charged With Interfering at Fire Scene Unauthorized…
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Unauthorized Responder Charged With Interfering at Fire Scene
Police in Ramapo, New York have arrested a member of an unauthorized religion-based fire brigade and charged him with interfering with firefighters who were working to extinguish a structure fire on Nov. 27, 2024. Jacob Silberstein is facing 3 misdemeanor charges, obstructing firefighter operations, reckless endangerment, and obstructing government administration.
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Third Reverse Discrimination Suit in KCMO Settled for $850k: Total is $1.5 Million
Kansas City, Missouri has agreed to settle the third of three reverse discrimination suits related to the 2022 promotion of a black captain to deputy chief. The suits were brought by three white battalion chiefs who claim they were wrongfully passed over on account of their race.
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FDNY Settles FLSA Overtime Suit for $4.3 Million
The city of New York has agreed to settle the FLSA overtime claims of 326 fire inspectors for a grand total of $4.3 million. The lawsuit was filed last year by 26 original plaintiffs who alleged they were not compensated for all hours worked; their overtime was paid on an amount less than their regular rate; and the city failed to pay overtime in a timely manner.
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Appellate Court Upholds Dismissal of Firefighter’s Gender Violence Suit
The Illinois Court of Appeals has upheld a ruling that dismissed the state law claims of a female lieutenant who claims she was assaulted by another officer, and then retaliated against when she reported it. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her against a wall at a structure fire on October 18, 2018.
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Convictions, Terminations and Appeals
What should happen to a firefighter who is terminated after being convicted of a criminal offense, when the conviction is overturned? That is the question facing the fire department on the island of Jamaica, but there’s a catch: The 2009 conviction was reversed in 2020.
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