@media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} So long as the individual can safely perform the duties, disabled workers are permitted to work overtime hours and receive the higher hourly pay that is included. Department policy mandates overtime pay as required by the FLSA. If a firefighter uses sick or vacation leave and picks up an additional shift in the same 21-day work period, the entire extra shift is straight time. just out of curiousity, supposedly there is a rule or law or reg, etc that states that a person can only be forced 72 hours straight than a break is required. have the legal authority and responsibility to engage in fire suppression; are employed by a fire department of a municipality, county, fire district, or State; and. However, for the past year and one-half, the department has suspended that rule. This includes minors and individuals with disabilities. The FLSA does not require an employer to pay overtime pay on weekends, holidays, and/or regular days of rest unless the employee has already worked 40 hours. Generally, employees who earn a salary instead of hourly pay are not eligible for overtime pay. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Bowling said he reduced the initial proposed penalties to a one-day suspension, a six-month probation and attending leadership classes with theHuman Resources Departmentafter talking to an emotional Leonard during the determination hearing. DECATUR, Ala. The proposed penalties climbed from a one-day suspension and six-month probation to a suggestion by Assistant City AttorneyChip AlexanderthatDecatur Fire & RescueLt.Michael Leonardlose his rank during Tuesday's appeal hearing with the Personnel Board. An employee may also be able to file a claim with the Equal Employment Opportunity Commission (EEOC) in order to receive monetary compensation for any missing overtime pay. 5.11.6 14 days or less (No Downgrades) 5.11.7 Battalion Chief 1. Section 13(b)(20) of the FLSA provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities. This means that employees who usually make $15 per hour will receive $22 an hour when they work extra. The FLSA defines overtime as any work hours logged over 40 hours in a work week. Decatur Fire & Rescue Lt. Michael Leonard is accused of mishandling a June incident in which driver/engineer Pete Moncrief allegedly refused a last-minute directive that he work mandatory overtime. Live Webinar This has been going on for two months, we lost one whole shift due to other jobs they found. Live Webinar Accrued Vacation, Overdrawn Vacation, and the Final Paycheck, Remedies for Unpaid Wage Lawyer: Wage Attorney Near Me, Paid Vacation, Holiday, and Sick Leave Lawyers, Payment of Sales Commissions after Employment Termination, California Forced or Mandatory Overtime Laws, Top Ten Things You Should Know About California Wage and Hour Law. It is also a sticking point for labor advocates. Fair Labor Standards Act (FLSA) for Fire Departments (EEOC) in order to receive monetary compensation for any missing overtime pay. This occurs if forced overtime would cause safety issues for employees. Overtime can be classified into mandatory, optional, prohibited and limited. As noted above, laws may vary by state so it is important to have an attorney review your local laws. There is a good possibility that your state or municipality may require some form of paid sick leave. However, overtime pay exceptions do exist. Leonard said he and Moncrief are friends and he was aware that the driver's wife was sick. finds relevant news, identifies important training information, Hours of work generally include all of the time an employee is on duty at the employer's establishment or at a prescribed work place, as well as all other time during which the employee is suffered or permitted to work for the employer. ol{list-style-type: decimal;} ", However, Bowling told Leonard during his cross-examination of the mayor that "we're looking for someone to be a leader and you failed. So long as the employee meets the criteria above, he or she is an employee employed in fire protection activities as defined in section 3(y) of the FLSA. All rights reserved. Federal government websites often end in .gov or .mil. Many employees have issues with mandatory overtime laws. Some conditions they address include: Medical and/or benefits such as insurance; Equal and fair procedures for promotion and/or firing; and/or. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. /*-->*/. There are also other important considerations regarding mandatory overtime. Yes, you should consult with an experienced, if you are facing forced overtime legal issues. * jKL 4 shift times eight shifts) in the 28-day work period, that firefighter would not receive any FLSA overtime. Alexander said the piece of paper and inconsistencies in Leonard's story led to a determination hearing. Do Not Sell My Personal Information, If you need further help setting your homepage, check your browsers Help menu, Mo. Leonard's appeal also involved his determination hearing and penalties proposed by Mayor Tab Bowling. We learn by doing and doing it again and again, both on the training ground and the fireground. Falkville bakery run by Mennonite family known for its bread and pound cake. He also pointed out the guidelines are not set in stone, so they are not the same as policies. The rest is paid at minimum wage. He shut down the rental property soon after its existence became public. We have an "Order Back" policy used for manning situations. In his cross-examination of the lieutenant, Alexander told Leonard he should have done more to get Moncrief to work overtime and he should have initiated Moncrief's discipline. This is supposed to end around the end of November, then we go back to 48/96. Todays FLSA Question: I have been a part-time firefighter working for a small non-union municipal fire department for more than 5 years. The policy change took place when Scott Liebold took over as interim chief in March, according to Lewis. Yes, you should consult with an experienced employment attorney if you are facing forced overtime legal issues. Web(e) A fire department employee who has civil service status under Subsection (b) may not: (1) supervise or evaluate classified civil service personnel assigned to fire suppression or emergency medical operations; or (2) laterally transfer to fire suppression or emergency medical operations. The Mentor Fire Department said sometimes firefighters are asked to spend even more time away from home and family, to make sure there is always enough staff to respond in an emergency. In many cases, yes, an employer can force you to work overtime. You decide what you need to decide," Alexander told the Personnel Board. The city hired six new full-time firefighters within the last year to help ease the problem, but still, the department does sometimes have to impose mandatory overtime. Twitter @DD_BayneHughes. Ive got a great wife. (This may not be the same place you live). 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