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    Default Question on overtime pay for fire service

    I am seeking information to support the rule regarding overtime pay for fire service personnel. As it stands now, we are told that hours must exceed 56 in a week to qualify for overtime pay. If someone could provide a reference document or website to support this, I would appreciate it. Or if you know something to refute this let me know as well. Thanks!
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    The regulations for overtime is called the Fair Labor Standards Acst (FLSA): http://www.dol.gov/esa/whd/flsa/
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    While I don't have time to research the FLSA right now, I can tell you with reasonable certainty that that is wrong. OT is based on the FLSA work cycle, and is a subject of bargaining. You may want to talk to someone at the AFFI. www.affi-iaff.org They will be able to answer your questions about this.

    We just settled a contract, and changed the provisions to OT is defined as anything outside of your normal work week.
    IACOJ, Flatlander Division

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    I believe OT is anything over 212 hours in a 28 day cycle.

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    Quote Originally Posted by F18Wub View Post
    We just settled a contract, and changed the provisions to OT is defined as anything outside of your normal work week.
    You can bargain for OT at a set number of hours less than specified in FLSA but not more.

    IOW, whereas we work an average 42 hours/week and get OT for anything above those hours by contract now, we could agree to work additional hours at straight pay for between 42 and 56 hours but could not agree to work for more than 56 hours in an average work week without OT for the additional hours.
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    Quote Originally Posted by k3twpfire View Post
    I believe OT is anything over 212 hours in a 28 day cycle.
    Add a few words and that is correct: "or in proportion thereof."

    In other words, your employer may specify a 7, 14, or 28 day tour and pay overtime after 53, 106, or 212 hours actually worked (leave time typically doesn't count). The tour start date doesn't have to correlate with your pay period, either.

    This may be modified by CBA, but without one in place, the above rules would apply.

    "Averaging" pay across pay periods to avoid a smaller check is permissible in some circumstances, but I can't remember the stipulations.

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    Quote Originally Posted by DeputyMarshal View Post
    You can bargain for OT at a set number of hours less than specified in FLSA but not more.

    IOW, whereas we work an average 42 hours/week and get OT for anything above those hours by contract now, we could agree to work additional hours at straight pay for between 42 and 56 hours but could not agree to work for more than 56 hours in an average work week without OT for the additional hours.
    I agree. We work a 24/48 schedule, and did work a 28 day cycle with overtime over 212 hours worked, however that included any time taken on leave. If I remember correctly, you can bargain the leave time in as counting. My village wanted to change that to where sick leave did not count, so essentially negated any OT if you used sick leave in a FLSA cycle, however we didn't agree with that, and now, overtime is defined as anything above and beyond the 24/48. We just bargained in Kelly Days, and that is going to change the cycles somewhat.

    By working the 56 hour week, without true Kelly Days of some sort, you are garunteed overtime of some sort just by showing up for work. Is your department organized, or are you heading that way?
    IACOJ, Flatlander Division

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