I worked for a small comb. dept. There were 4 paid and the rest were volunteers. I was a lieutenant/support services officer. We put in many hours beyond our normal 40 hour work week responding to emergency calls, attending training, and other meetings. Our chief told the training officer and myself that he had sent our time sheets to the districts attorney to make sure that we were being paid appropriately. Of course, we never heard what the answer was. I have talked to other paid firemen in the same situation as I was in, and they all said we had overtime pay coming.
My question is: Is there a firemens organization that would take a look at my case to see if it has any merit, as hiring an attorney would be a financial burden for me. Our department was not represented by a union, so I do not know exactly where to go from here. Any suggestions would be appreciated.
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Thread: overtime pay
03-03-2005, 11:41 PM #1
- Join Date
- Jul 2003
03-04-2005, 01:28 PM #2
Since you are not represented by a Union, your best bet would be to approach your state's labor relations board. Under the freedom of information act, you should be able to get the copies of the time sheets/cards. If the administration refuses, you can take legal action to have it released. From this point... make copies of your time cards and pay sheets for your own protection.
There are four of you in this situation, correct? Are all of you getting screwed out of OT pay? Split the cost of an attorney four ways.
PS: it would be in your best interests to look into organizing an IAFF local to protect your rights. I dson't know if there is a minimum number of members needed, but maybe you could "piggyback" with another local.
Last edited by CaptainGonzo; 03-04-2005 at 01:31 PM."The education of a firefighter and the continued education of a firefighter is what makes "real" firefighters. Continuous skill development is the core of progressive firefighting. We learn by doing and doing it again and again, both on the training ground and the fireground."
Lt. Ray McCormack, FDNY
03-05-2005, 08:41 AM #3
4 person local? Right on!
That would be neat...
EVERYONE is on the Executive Board!
I'm with Gonz on this one.Member IACOJ - Building crust and full of lust...
"It's okay to to scared, just don't be chicken." - Clark
03-08-2005, 09:14 AM #4
- Join Date
- Jan 2004
Dont Stop Till You Get Yours
I went through a simular problem very recently with EMS and Fire. If you can get a Union great, otherwise see a lawyer. Unfortunitly the labor laws around public safety are diffrent from everyone else. Find someone that knows about public safety labor laws. We got aggressive and got 24 hour pay instead of 16 (after 16 they called it saleep time) and a 14% raise so we wouldnt persue it leagely. EMS got a lawyer and everyone of the guys got a big chunk of money for the years they got screwed (no time limitation). As far as getting time sheets, make sure you send a certified letter a request for paperwork. They only have a limmited time after a written request to supply you with the info. Great amo for court or negotiations. Wish you the best of LUCK.
03-21-2005, 12:45 PM #5
- Join Date
- Dec 2003
You need to research 'FLSA' and the 'Garcia ruling'. This what gave FF's and cops OT. It set specific max hours set over a 28 day cycle.This link might be a good place to start;
http://www.overtimelawyer.com/glossary/27 years and still having a great time in the back of the truck :-)
03-21-2005, 09:02 PM #6
- Join Date
- Jul 2003
- Boerne, Texas USA
Just to let you know a little about what I found out.
Anything over 40 hours can be paid at half time rate, meaning if you work a 53 hour work cycle, the 13 hours above and beyond the 40 hours worked that week can be paid at the half time rate. Reason being they have already paid for the time(in the fourty hours) and now they are paying the half rate for the remaining hours worked.........UNTIL!!!
You work greater than your "normal" work schedule. Meaning in the event you are on A shift, and you work all the days in a month, and on the last day of the month or the middle of the month or whatever, you pull an overtime shift (above and beyond your normal work schedule) at that point you are entitled to a true time and a half rate for the overtime hours (or emergency overtime). Unless you take vacation or sick leave, which you are NOT working the 212 in that pay period.
To break it down if you make $10.00/ hr, scheduled overtime is paid at the half rate of $5.00/hr. up to your 53 hour work schedule, however, anything over 212 hours in a pay cycle of 14 days, must be paid at $15.00 per hours worked.
Some smaller cities will try to agrue the point, using FLSA as a reference, and some will even try to discount time asleep,
no longer legal- put it to them this way, if I'm not paid, I'll go home and sleep, if you are required to be there, you must be compensated-period.
I hope this helps your fight, and my suggestion to all paid or combination firefighters, get a local with the IAFF, should this fight go to court, the IAFF has deep pockets to fight for you, where as it would come out of your pocket(not so deep).
Check with www.iaff.org and request a starter kit for your firefighters, it's been a long road, and a lot of resistance from the white hat, but we are still here, and as the old guys leave the young guys are joining and making a difference.
Good luck, and e-mail me if you need any other help-
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