Wide-Ranging Decision On FLSA Implications Of Premium Pay

A group of paramedics working for the Chicago Fire Department sued the City, claiming that the City violated the Fair Labor Standards Act (FLSA) by failing to include in the overtime rate a variety of premium pays. The dispute led to a wide-ranging decision by a federal district judge on whether different forms of premium pays should be included in the overtime rate. First up were (1) the Fitness…

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Sergeant Entitled To Premium Pay While On Disability

A sergeant with the City of Peekskill, New York Police Department received $5,000 per year for acting as senior Narcotics Investigation Unit supervisor. When the sergeant went on disability status, the City discontinued his premium pay. The sergeant’s labor organization, the Peekskill Police Association, challenged the City’s decision in arbitration. An arbitrator upheld the Association’s grievance. The Arbitrator concluded that the premium pay “was not payment for hours actually…

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Uniform Allowance Not Counted In Retirement Calculation

Corrections officers working for Suffolk County, Massachusetts are eligible to receive holiday pay, a fitness bonus, a uniform allowance, longevity pay, and an educational differential in addition to their normal salary. When Robert O’Brien suffered disabling injuries in the course of his employment, the Appeals Court of Massachusetts had to decide which of these payments were properly included in the pension contribution. Owing largely to a string of earlier…

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No Right To Hearing Prior To Removal As Paramedic

The memorandum of understanding (California’s equivalent to a collective bargaining agreement) between the San Diego Firefighters and the City of San Diego calls for premium pay for paramedics. The language in the MOU is that the premium is only paid to individuals “certified as paramedics.” There has been a longstanding agreement that the phrase “certified as paramedic” means “certified by the EMS medical director to operate as a paramedic…

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