1. #1
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    Jan 2015
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    Exclamation FLSA Issues, Pay Issues

    I have recently been investigating some pay issues we are having at our Fire Department. Below are some details of our department.

    Shift: 24/48 Kelly Day every 12 Weeks.
    Pay: Hourly
    Staffing:8 man shifts, 3 shifts, we have a Chief and an Inspector that are 8-5 M-F.
    Non Union Fire Department
    Location: Missouri, USA.

    My concern is that the City is failing to adhear to the rules under the FLSA (http://www.dol.gov/compliance/laws/comp-flsa.htm). We are on 28 day "Work Periods" and paid on 2 week "Pay Periods". We get a Kelly Day every 12 weeks. Most departments in our area on our same shift get a Kelly day almost every month, which got me to thinking more about this. If you do the math it is showing me that the city is failing to give us 4 hours of OT we are owned every 28 day "Work Period", since we work 216 hours a period and by FLSA Law anything over 212 for firefighters should be OT. Every 3rd Work Period (12 weeks) we work 240 hours, and thats why I think they give us a Kelly day every 12 weeks, however those Kelly days they give us do not line up properly with our Work Period of 240hrs.

    Some of my questions are...

    Anyone had this issue at their departments?
    Any advice for my situation?
    Does anyone know of free consultation or know of good websites to get more information on this subject?

    Basically I don't want this to turn out nasty in the end, I simply want to get all the hours/facts/laws straight before I bring this to my chain of command. (My Captain already knows I am investigating this and he has given me to advice to find out all I can, then bring it to him and he will take it to the Pay Admins)

  2. #2
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    labor attorney

  3. #3
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    Quote Originally Posted by fire5555 View Post
    labor attorney
    Ditto, you need an attourney.

  4. #4
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    call alabama


    Four Hanceville city firefighters have filed a lawsuit against the City of Hanceville in federal court, arguing they are owed back wages for overtime.

    The complaint was filed Dec. 18 in the U.S. District Court for the Northern District of Alabama and charges the city with violating federal guidelines in the Fair Labor Standards Act (FSLA) related to overtime pay.

    Birmingham attorneys David Arendall and Allen Arnold are representing plaintiffs Gary Mikus, James Michael Butler, Michael Cornett and Zachary Thomas.

    Mikus, Butler and Thomas are currently employed by the Hanceville Fire Department, and Cornett was terminated Oct. 14, according to the complaint. Mayor Kenneth Nail contends Cornett resigned after Nail suggested departmental changes when Roger Green was hired as fire chief.

    Mikus was hired in 2009, Butler in August 2009, Cornett in September 2009 and Thomas in October 2010. The complaint states Butler had previously worked for the city in November 2007.

    The plaintiffs claim they are entitled to overtime pay for hours worked in excess of those allowed under federal labor guidelines. Firefighters can receive overtime for any hours worked over 212 hours in a 28-day period, according to U.S. Department of Labor regulations.

    In the complaint, the firefighters state they work 216 total hours during a four-week period, 96 hours one pay period and 120 the second.

    "Despite plaintiffs' request of defendant (City of Hanceville), plaintiffs have never been informed as to the work periods that defendant claims plaintiffs work performing their firefighter duties on behalf of the defendant," the complaint states.

    The suit states Mikus brought up the issue of overtime pay to former Fire Chief Alan Bolling, who retired in October, Green and Nail. No changes have been made despite Mikus' complaints, according to the filing.

    Nail said he has never been approached by a firefighter about a possible problem with overtime pay. He said he first learned of the situation Jan. 8, and later that day, the city council entered executive session to presumably discuss the lawsuit.

    "If we've made a mistake, I want to fix it and pay them what they're owed," Nail said. "We could have avoided all this if someone came to me and we sat down and talked about it. I don't want to cheat those guys out of a dime."

    Nail said the issue was discussed with Green, who was not familiar with the federal regulations. Green told Mikus he would investigate the matter, Nail said.

    The plaintiffs ask the court to award them back overtime pay and damages and pay their attorneys' fees. They also demand a jury trial to hear the case. U.S. District Judge C. Lynwood Smith Jr. is presiding.

    Green and City Attorney Dan Willingham did not return calls for comment Thursday.

    The city is required to file a response by Jan. 27 or face a default judgment.

    --Tiffeny Owens may be contacted at 256-734-2131.

  5. #5
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    I just saw this article yesterday. This sounds exactly like what has been happening in this dept I am at for as long as the 'old guys' can remember. I would assume though that trying to get a hold of the Bama boys might not work due to them being in litigation and perhaps not being able to discuss it.

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