Tag Archives: substitutions

Shift Trade Qualifications a Mandatory Subject of Bargaining for Illinois Firefighters

The Illinois Court of Appeals has ruled that it is an unfair labor practice for a fire department to unilaterally alter the qualifications of those eligible for shift-trades. In doing so the court affirmed a decision by the Illinois Labor Relations Board in favor of the Park Ridge Fire Fighters, IAFF Local 2697.

Fire Law Roundup for August 12, 2024

In this episode of Fire Law Roundup for August 12, 2024, Brad and Curt discuss discipline to ten Cleveland firefighters over questions about working for a second department while schedule to work in Cleveland; an appellate court ruling that Houston ...

Massachusetts Firefighters Alleged Overtime Violations

Two Brookline fire lieutenants have filed a class action lawsuit claiming the town failed to pay them overtime as required by the Fair Labor Standards Act. Lieutenants Brian Bergeron and Paul Trahon filed suit in US District Court for the District of Massachusetts on behalf of 150 similarly situated firefighters.

Fire Law VLOG with Attorney Brian Massatt

In today’s episode, firefighter-attorney Brian Massatt answers an advanced overtime question on a firefighter who is substituting for another firefighter, and who ends up working beyond that firefighter’s scheduled shift. Today is the second day of the three-day FLSA Conference ...

Can Substitutions Impact Exempt Executive Status

Today’s burning question: If a battalion chief who is classified as an exempt executive is allowed to trade time with captains or lieutenants that are "non-exempt", would that have any bearing on whether the battalion chief qualifies as exempt or not? Answer: There are two tests to determine whether an employee is an exempt executive: the salary test and the primary duty test. An employee must satisfy both tests in order to be exempt and ineligible for overtime under the FLSA.

Houston Firefighters Accused of Using Facebook To Sell Shift Trades

Eyewitness News in Houston is investigating firefighters for selling shift-trades on a Facebook page aptly named HFD Extra Shifts. KTRK broke the story, interviewing firefighters and elected officials, and referencing a similar shift-swapping scandal in Cleveland in 2014 that resulted in criminal charges against 13 firefighters.

FLSA Subbing Followup

Today’s burning question: FF A agrees to trade a shift with FF B. FF B substitutes for FF A, but when it comes time for FF A to work for FF B, FF A calls in sick. Who should get charged for the sick day and does FF A’s absence impact FF B’s eligibility for FLSA overtime during that work period? Answer: #FLSAheadache

Cleveland Subbing Scandal Firefighter Claims Race Discrimination

The firefighter at the center of a subbing scandal in Cleveland several years ago, has filed suit claiming his termination in 2014 constituted race discrimination. Calvin Robinson was charged in 2013 with felony theft in office and misdemeanor receiving improper compensation for paying other firefighters to work his shift.

Cleveland Firefighter Terminated In Subbing Scandal

The Cleveland firefighter at the center of a major substitution scandal that involved dozens of firefighters, has been terminated. Calvin Robinson, a 23 year veteran, was terminated yesterday. Last month he pled guilty to a misdemeanor charge of complicity to ...

Thirteen Cleveland Firefighters Indicted in Subbing Scandal

Thirteen Cleveland firefighters have been indicted in the subbing scandal we first reported last year. Recall in January, 2012 a former federal prosecutor was named to investigate charges that members were paying other members to work their shifts. Then in ...

Canton Firefighters Face Discipline In Subbing Scandal

The scandal in the Cleveland Fire Department over illegal compensation of substitutes has claimed five more victims… this time in the Canton Fire Department. Firefighters William Hallas, Andrew Bolgiano, Rosario Carcione, Timothy Givens and Kevin Gordon have drawn suspension penalties ...

Waterbury Firefighter Under Scrutiny for Sick Leave Abuse

A Waterbury, Connecticut firefighter is under investigation for sick leave abuse after it was discovered he used a combination of vacation time, sick time and substitutions to attend nursing school in Puerto Rico. It is alleged that Edgardo Gonzalez went ...

Cleveland Firefighter Pleads in Subbing Scandal

A Cleveland firefighter who has been at the center of the substitution abuse scandal has pled guilty to criminal charges and will serve 60 days in prison. Firefighter Timothy Debarr was sentenced to 60 days in jail and will pay ...

Former Prosecutor to Investigate Cleveland Overtime Scandal

The city of Cleveland has hired former Assistant U.S. Attorney Ronald Bakeman to head up the investigation into the Cleveland Fire Department’s overtime scandal. Bakeman’s appointment was announced earlier this week as the department struggles to address allegations that some ...