Tag Archives: firefighter overtime

FLSA Headlines from East and West, Big and Small

Two FLSA-related cases are in the Fire Law news, one involving a small volunteer fire department in North Carolina, the other involving one of the nation’s largest fire departments: the Los Angeles City Fire Department. My colleague Bill Maccarone covered the LAFD case in his blog, so I would direct my readers to FirefighterOvertime.org, for more on that case.

Fire Officer Overtime – Fire Law VLOG

In this edition of Fire Law VLOG, Curt and Bill Maccarone discuss three recent settlements involving fire officers and overtime. The three settlements involve lawsuits filed under the Fair Labor Standard Act (FLSA) – and in particular whether these officers ...

Florida Firefighters File FLSA Suit Over Training Time

Four Florida firefighters have filed suit claiming their department required them to attend job-related training and failed to compensate them for the time. David Garner, Brian Ostos, Alejandro Osorio, and Joseph Quinn filed suit this week in US District Court for the Northern District of Florida naming the Destin Fire Control District.

Fire Law VLOG: FLSA Update

In this episode Curt and Bill Maccarone discuss the upcoming FLSA for Fire Departments web-conference May 11-14, 2021, and plans for the next web-conference October 5-8, 2021. In addition three new Advanced FLSA webinars have been scheduled for the fall of 2021.

Fire Law VLOG: FLSA Changes by Biden Administration Already Impacting the Fire Service

In this episode of Fire Law VLOG, Curt and Bill Maccarone discuss the changes that the Biden administration has already implemented to the Fair Labor Standards Act that will impact the fire service. They also discuss the changes that may likely be coming.

Fire Law VLOG – FLSA for FDs Update

In this edition of Fire law Vlog, Curt and Bill Maccarone discuss the upcoming webinar on firefighter overtime and compensation, FLSA for Fire Departments. The US Department of Labor has made several important changes to wage and hour law over the past few months that will inevitably impact fire departments.

Important Announcement About the FLSA for Fire Departments Program

We have some important news to report regarding the scheduled FLSA for Fire Departments programs. Currently we have two programs that are scheduled, one in September, 2020 and the other in November, 2020.

Today’s Burning Question: Am I being Cheated Out of Overtime?

Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.

More Fire Law Vlog from the FLSA Conference along with Headlines

Here is today’s Fire Law Vlog from the FLSA Conference in Westminster, Colorado. Today’s discussion is on the most common types of FLSA questions that firefighter-attorney and co-instructor Bill Maccarone receives in the course of his daily practice.

Overtime, Vacation Credit, and the FLSA

Today’s burning question: My fire department if we work overtime during a work period during which we take vacation, rather than pay overtime for the extra hours worked, they credit back vacation time. Our HR and Fire Chief claim it is against the law (FLSA) to be paid overtime and receive vacation hours in the same time work period. Is this true?

Origins of the 7K Firefighter Overtime Exemption

Today’s burning question: I was wondering if you knew the origin of the firefighter exemption from the 40-hour work week? Has there ever been a push to remove that exemption? Answer: The law you are referring to is the Fair Labor Standards Act, and more specifically 29 USC 207k within the act.

Are Kelly Days Supposed to be Paid or Unpaid Days Off

Today’s burning question: Does the FLSA require Kelly days to be paid or unpaid? Answer: The short answer is the FLSA does not require Kelly days to be paid or unpaid. That decision is left entirely up to the employer and employee to decide. As you might imagine different departments choose to handle it differently.

Burning Question on Overtime Training

Today’s burning question: I am a newly appointed fire chief, and have some grave concerns about how the city is calculating firefighter overtime. When are you going to have your FLSA class in [my state]? Answer: Unfortunately we can only deliver the FLSA class three times a year, once on the East Coast, once in the Mid-West, and once in the West.

Does The FLSA Always Trump The CBA?

Today’s Burning Question: Can a collective bargaining agreement trump the FLSA? I heard the FLSA trumps everything, including a CBA. Answer: While the FLSA certainly can trump CBAs, that is not always the case. The best perspective is to consider the FLSA to be the floor below - which an employer cannot go.

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