Thread: Garcia Law

  1. #1
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    Post Garcia Law

    I'm looking for information and experience with the Garcia law and volunteers. I have read some articles on the net that in Maryland (Montgomery County), the US Dept. of Labor said that paid employees of the County could not volunteer anywhere in the County. Is this just paid firefighters or any County employee?

    What is your experience with Garcia?
    The above is MY OPINION only and not that of anyone else. I am not representing any organization in making a post here!!!!

  2. #2
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    Not Garcia law, but similar experience in PA: I know that a few years back, some vollie EMTs ended up suing their department for back wages. Seems they were paid elsewhere. Court ruled that if they were paid elsewhere, they had to be paid there. These douchbags ended up costing this departmant bags of cash. Not sure if this is the situation in MD, but seeing as we are neighbors, you never know.
    IAFF
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    I can't be sure it has been a while since I've been realy interested in it, but I believe that you can not vol. to do the same job in the town that you are paid to do it in. For reasons similar to what bucks stated. I think the first case of this was somewhere near jersey city? There are ways to get around this such as paid recall, paid guys come to the vol. call and get paid hourly rate for time served, has to be in contract though. George Wendt might have a better idea he's into all that legal stuff.
    the truth never hides for long

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    Greetings,

    In regards to the garcia act, I am not really sure if that is what you folks are talking about.

    What the case in MD was, it is where career guys where volunteering in the same FD and not getting compensated. What that law tries to do is to prevent an employer from "using" a career guy and not paying him or her fair wages for time worked. (i.e. he was "volunteering, not working). This should only apply to firefighters and emt's and not other city departments.

    As for PA, were they paid in the same FD or county, or totallt different area in the state?

  5. #5
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    I know at sometime the rule used to be that it only applied if you had 5 or more than 5 employees, is this still the case?
    The above is MY OPINION only and not that of anyone else. I am not representing any organization in making a post here!!!!

  6. #6
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    Garcia is a ruling in regards to the Fair Labor Standards Act, http://www.dol.gov/dol/esa/public/regs/statutes/whd/0002.fair.pdf

    The answers are in there...
    IACOJ Canine Officer
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