Tag Archives: overtime

The US Department of Labor is considering changes to the minimum salary requirements for exempt white-collar employees. Listen as Bill and Curt discuss the potential impact of these changes on the fire service.

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In this episode of Fire Law Roundup, Brad and Curt discuss a decision reinstating a firefighter in New Orleans; an FLSA overtime suit by a captain in Louisiana; a suit challenging a union’s right to grieve the dismissal of a probationary firefighter; an award of $369k against FASNY; and a case refusing to invalidate a marriage between two Indiana firefighters.

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A Louisiana fire captain has filed suit claiming he and his colleagues were not paid overtime for the hours they worked that were in excess of the statutory maximum under the Fair Labor Standards Act. Brian Jackson filed suit in US District Court naming the Livingston Parish Fire Protection District 5

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In this episode, Bill Maccarone and Curt discuss last week's headlines, including an FLSA lawsuit out of Tulsa, OK; the settlement of a race discrimination suit out of Everett, WA; the dismissal of the federal claims against Miami-Dade Fire Rescue over an EMS run; a Massachusetts Civil Service ruling overturning the termination of a deputy chief, but demoting him to firefighter; and the filing of a COVID-related wrongful death suit against an Oregon fire department.

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A District of Columbia firefighter has filed a class action lawsuit alleging the city failed to include COVID premium pay in his overtime, as required by the Fair Labor Standards Act. Jason Collins filed suit today in US District Court for the District of Columbia on behalf of himself and all similarly situated DC firefighters.

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A lawsuit filed last year by 31 Chickasha, Oklahoma firefighters contending the city violated the Fair Labor Standards Act has been settled for $141,710.91. The firefighters claimed that the city failed to include longevity pay in their regular rate when calculating overtime compensation.

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Today’s burning question: Can a fire department cancel a firefighter’s assigned Kelly Day without violating the Fair Labor Standards Act? For example, if firefighters work a 24/48 schedule with Kelly Days every third work period, can the department contact personnel scheduled to be off on a Kelly Day, and require them to work?

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Today’s burning question: I am a volunteer fire chief and have been very interested in taking your FLSA course May 11-14, 2021. Is there any way to just take the section related to volunteer issues at a reduced rate? The other sections are interesting but are not the focus of what I need to know.

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A battalion chief with the City of Coronado has filed suit claiming he and similarly situated battalion chiefs have been wrongly classified as exempt from overtime. Perry Peake filed the class action suit this week in US District Court for the Southern District of California.

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The US District Court for the Southern District of Ohio has ruled that a jury must decide whether company officers in the Eaton Fire Department are entitled to, or exempt from, overtime under the Fair Labor Standards Act. The suit was filed in 2019 by three captains and a lieutenant who claimed they were improperly classified as exempt executives.

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Today’s burning question: Do we have to pay part-time firefighter/EMS employees for their lunch break? Answer: First of all, the FLSA does not draw a distinction between full-time, part-time, or per diem employees. An employee is an employee.

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A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed suit against the City of Laurel alleging a USERRA violation and a violation of the FLSA.

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In this episode, Curt and Bill Maccarone discuss the recent decision by the 4th Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or if they are exempt executives. Spoiler alert: if you are a BC you will not like the decision.

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In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at DFW assigned to EMS do not qualify for the 207k exemption. Why is that a big deal? Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!

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