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Thread: Labor Questions

  1. #1
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    Default Labor Questions

    Recently in my department it has been rumored that we will be going from being paid at everything over 40 is overtime to 212 in 28 day pay cycle. My understanding is that by going to the 212 pay schedule to keep our annual salary the same our hourly rate would have to increase. However it is rumored that our municipality is considering not raising our hourly rate, thus effectively reducing our annual salary. Is this legal?

    We are not a union state and have no collective bargaining agreement.

    Also, it has been rumored that under a new administration all employees will be required to reapply for employment and when/if rehired we will be paid starting wage. Is this legal?


  2. #2
    Forum Member FWDbuff's Avatar
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    Quote Originally Posted by palmer1121 View Post
    Recently in my department it has been rumored that we will be going from being paid at everything over 40 is overtime to 212 in 28 day pay cycle. My understanding is that by going to the 212 pay schedule to keep our annual salary the same our hourly rate would have to increase. However it is rumored that our municipality is considering not raising our hourly rate, thus effectively reducing our annual salary. Is this legal?

    We are not a union state and have no collective bargaining agreement.

    Also, it has been rumored that under a new administration all employees will be required to reapply for employment and when/if rehired we will be paid starting wage. Is this legal?
    Instead of coming on here, you really really need to consult a labor attorney familiar with the laws of your state.
    "Loyalty Above all Else. Except Honor."

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    Without knowing what your work cycle is, it would be hard to answer the hourly rate question.

    As for the "reapplying" part, I'd like think that there'd be labor law preventing such a practice, but have no idea if there is. As such......

    Quote Originally Posted by FWDbuff View Post
    Instead of coming on here, you really really need to consult a labor attorney familiar with the laws of your state.
    I really, really, really agree with this suggestion.
    Last edited by FireMedic049; 04-24-2011 at 06:48 PM.

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    Sounds like someone in the administration discovered "Special Work Periods" in 29 USC Section 207(k) for firefighters. That allows firefighters to work a 53 hour work week.

    We are under the same section. We work 56 hour a week average with the three extra hours as benefit time (that way we get to pick when to use the time versus an assigned Kelly Day.)

    Your hourly rate will drop but you'll learn the joys of Straight Time, Standard OT, and Extra OT. My bet is that your hourly rate will drop but the payroll software will explode with a 53 hour work week (i.e. will cost to much money to modify and update so they will wing it.)

    For example our entry level FF pay is $39,521. The hourly rate is broken down as follows for a 56 hour week:

    First 40 hours paid at $11.875/hour
    Standard OT hours up to 56 paid at $17.813/hour
    Unscheduled (Extra OT) rate $27.160/hour

    You'll work more hours annually. Your hourly rate might look like it drops but the standard scheduled overtime makes up the difference.

    With all that said...

    Contact a labor attorney in your state to make sure you don't get...

  5. #5
    Forum Member bwprintworks's Avatar
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    Lex is right on with the 53 hours. FLSA allows departments to not pay any overtime until you pass the 53 hour threshold (per week). It sounds like you may have had a sweet deal for a while.

    The 212 hours you gave is actually the FLSA threshold for the 28 day work period. If you work 24 hour shifts, you should exceed the 212 by 12 hours. If you have the opportunity to choose the work period, the best solution is to choose a period that is a multiple of your schedule. That way it works out that all 3 shifts work the same amount of days in the work period.

    A number of associations have won FLSA lawsuits in recent years. The cases have been on the improper calculation of overtime. In most cases the departments have failed to include incentives (education, paramedic, etc) in the FLSA rate and/or overtime rate.

    As others have stated, it is very important that you contact a labor attorney. Especially with having to re-apply for a job you already obtain.
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