Tag Archives: overtime

Morgantown Firefighters Sue Over Holiday Pay

Fifty-eight members of Morgantown Firefighters IAFF Local 313 filed suit last week in Monongalia County Circuit Court, claiming the city has not been paying them for holiday pay in accordance with state law.

Jury Finds that BCs in Vancouver Are Exempt Executives

A federal court jury has found that battalion chiefs in the Vancouver, Washington Fire Department qualify as exempt executives, and thus are exempt from the overtime requirements of the Fair Labor Standards Act. The decision was handed down earlier this year.

Court Rules No Overtime For Flight Medics

A federal court in Missouri has ruled that employees of air ambulance providers are not entitled to overtime compensation because air ambulance providers are exempt from the Fair Labor Standards Act. The suit was filed last year by a flight medic, Jacob Riegelsberger, against Air Evac EMS, Inc. under the FLSA because he and his co-workers were only paid overtime after they worked 84 hours in a two week paid period.

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?

Compensation For Work While On Vacation

Today’s burning question: We are combination department in which our full-time firefighters are permitted to respond back to alarms. We pay them their overtime rate for the extra time they work. Is it permissible under the FLSA to pay the firefighter overtime for returning to an alarm while we are paying him to be on vacation (ie. twice for the same time)?

San Luis Obispo FLSA Settlement Calls For $3k In Damages $54k in Attorney’s Fees

The City of San Luis Obispo has reached an agreement to settle a Fair Labor Standards Act overtime lawsuit filed by its firefighters. The suit filed in 2016 alleged the city failed to include certain payments in the overtime.

West Virginia Firefighters Sue for Holiday Pay

Thirty-seven current and former Martinsburg firefighters have filed suit claiming the city failed to pay them holiday pay in accordance with state law. The suit was filed in Berkeley County Circuit Court by IAFF Local 805 President Mark Stroop on behalf of three captains, six lieutenants, 26 firefighters and two retirees

Substitutions, Acting Out Of Rank, and The FLSA

Today’s burning question: Our department allows substitutions, not just within ranks, but one rank up and one rank down. As a result, concerns have arisen about what the FLSA requires when a substituting member acts out of their designated rank. Are substituting members entitled to compensation for acting while subbing?

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.

Court Approves Settlement in California Firefighters’ Overtime Suit

A court-approved settlement has been reached between Modesto firefighters and the City of Modesto in a Fair Labor Standards Act lawsuit over the inclusion of health care buy-back in overtime.

Are Battalion Chiefs Subject to The Highly Compensated Employee Exemption

Today's burning question: I am a city manager and I just read about an exception in the Fair Labor Standards Act that exempts anyone making over $100,000 per year from eligibility for overtime. Do our Battalion Chiefs and perhaps even our company officers meet the criteria to fall under this exemption? Answer: Your line officers probably do not but your staff officers may.

Burning Question: FLSA, Overtime and Consecutive Hours

Today’s burning question: I work for a small department that relies heavily on overtime to fill shifts to meet minimum staffing levels. I heard there is a limit to how many consecutive hours a firefighter can work. The number 48 has been used and rumor has it that it is an FLSA issue. Is there a limit to the hours that a firefighter can work?

Pennsylvania Volunteer Fire Company Sued For FLSA Violation

Five employees of a volunteer fire department in Pennsylvania have filed suit claiming they were improperly classified as partially-exempt 7k firefighters and denied overtime after they worked 40 hours per week. Dennis A. Szweda, Janelle Schmeck, David Ciabattoni, Reed A. Apostol and Donald Hirsch filed suit against the Exeter Township Volunteer Fire Department.

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