Oregon Court Holds that City Must Include Vacation and Sick Leave Time When Calculating Overtime Wages for Firefighters

By Jordan L. Jones

out-sickIn Fire Fighters Local 3564 v. City of Grants Pass, the Oregon court of appeals held that the city had to include vacation and sick leave time when calculating overtime wages for firefighters to comply with Oregon Revised Statutes (O.R.S.) 652.080.

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Federal District Court Holds that Fire Chiefs’ Furlough Does Not Qualify Them for Overtime under the FLSA

By Anthony Rice

BalanceIn Bozzo v. City of Gilroy, a California Federal District Court ruled that a reduction in pay in exchange for “furlough time,” does not entitle City of Gilroy Fire Chiefs’ to overtime under the FLSA. The court rejected the Chief’s argument that the City’s furlough plan violated the “salary basis” test of the FLSA causing the positions to lose their exempt status.

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“Safety Rule” Exceptions to the FLSA Overtime Exemption Leaves Over Fifty Montgomery Firefighters High and Dry

By Anthony Rice

ExemptIn Watkins v. City of Montgomery, fifty-four Fire Suppression Lieutenants failed to convince a federal district court that they were not exempt from the overtime requirements under the FLSA under the City of Montgomery’s claimed “executive” exemption.

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“Suggested” Five Minute Pre-Shift Briefing Might be Compensable, but is Definitely not De Minimis, New Mexico Federal Court Finds

By Kate Acheson

In Brubach v. City of Albuquerque, a group of city security guards claimed the City violated the Fair Labor Standards Act (“FLSA”) by failing to compensate them for pre-shift briefings.  The City of Albuquerque moved to dismiss the guards’ complaint, claiming the time was voluntary.  The federal court denied the City’s request, noting that enough dispute of fact existed to require a jury to decide the matter.  The City also claimed the time was de minimis – so small it is legally insignificant.  The court rejected this argument as a matter of law. [Read more…]