Fire Law

In this episode, Curt and attorney Paul Samakow discuss the Firefighter’s Rule, and in particular the challenges of recovering damages for burn injuries.

Paul is a nationally known advocate for burn survivors and their families.  He has a national practice representing burn survivors.  Paul is the author of a book about compensation for burn survivors – Twice Burned – which, along with a paper he has written – A Handbook for the Caregivers of Burn Survivors, which talks about compassion fatigue – is available for free.

Paul also is the creator of National Burn Prevention Day (www.nationalburnpreventionday.org) which is coming up on May 19th.

In this episode, Curt and Bill Maccarone discuss the recent decision by the US Fourth Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or exempt executives.

Copies of the supplemental materials discussed including a copy of the Emmons ruling (BCs are exempt executives), a copy of Morrison v. Fairfax County (captains entitled to overtime), and the First Responder Regulations, and available at: http://www.firelawblog.com/2020/12/08/fire-officers-and-overtime-emmons-v-chesapeake/

In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at Dallas Fort Worth International Airport assigned to EMS do not qualify for the 207k exemption. Why is that a big deal?

Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!

Here is the 203y definition discussed:

29 USC §203 (y) “Employee in fire protection activities” means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who—

(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and

(2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.

In this episode, Curt and Attorney Kali Henderson discuss the suit she just filed on behalf of four Southfield firefighters who were disciplined by the Michigan Department of Health and Human Services and the Oakland County Medical Control Authority, after a patient was declared dead, released to a funeral home, and found to be alive hours later by funeral home staff preparing to embalm her.

In this episode, Curt discusses fire service disciplinary challenges with Assist Chief Nicol Juratovac. Nicol, an EFO grad with a law degree, is a 23-year veteran of the San Francisco Fire Department. Listen as they discuss fire departments who weaponize their disciplinary process, and well as the issue of double jeopardy for disciplinary matters.

In this episode of Fire Law VLOG and Fire Law Podcast, Curt and attorney Kevin Fairlie discuss the recent action by the federal government to deposit funds in the bank accounts of fire departments that bill for EMS. The deposit has certain strings attached, which fire chiefs need to understand.

In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the podcast.

In this episode, Curt follows up a podcast from last month with attorney Kevin Fairlie to address some questions that listeners submitted about the challenges associated with fire departments who bill Medicare and Medicaid for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into fire department EMS billing practices has led to a shift toward representing fire departments.

In today’s episode, Curt talks with attorney Kevin Fairlie about the challenges facing fire departments who bill for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into fire department EMS billing practices has led him to represent numerous fire departments. If your fire department bills for EMS, you need to listen to this podcast.

In this episode, Curt and Bill Maccarone expound on Curt’s January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations.

In today’s episode, Curt discusses the results of a survey of legal proceedings in fire departments with firefighter-attorney Bill Maccarone. The raw data from the survey is provided on Fire law Blog. My recommendation is that you view the data while listening to the podcast, as during the podcast we do not mention all of the actual numbers. If you have the data in front of you the discussion will make a lot more sense.

In this episode, Curt discusses an FLSA lawsuit filed by a Memphis firefighter, Jon Misewicz, over the issue of whether firefighters had to be compensated for attending mandatory paramedic training. Misewizc v. City of Memphis is the definitive ruling on the compensability of EMS training time for firefighters.

In this episode, Curt and Tucson attorney Jeff Jacobson discuss the case of Tucson Firefighter-Paramedic Carrie Clark. On April 12, 2019 a federal court jury awarded Clark $3.8 million for gender discrimination and retaliation, and violations of the Nursing Mothers Act (which is a part of the Fair Labor Standards Act) and FLSA retaliation. Jeff was Clark’s attorney.

The Orland Park Fire Protection District joined 13 Illinois communities in filing suit against drug manufacturers and distributors over the opioid epidemic. In this episode, Curt discusses the suit with attorney Ari Scharg, who represents Orland Park.

In this episode, Curt discusses a little known problem, Pink Collar Crime, with Kelly Paxton. Kelly runs the web site pinkcollarfraud.com and is helping to debunk the myths that many of us hold about fire service embezzlement.

In this episode, Curt discusses drone law with Dr. Thomas Abbott and Civil Air Patrol Commander Daniel Leclair from the University of Maine’s Unmanned Aircraft Systems program. Tom is the director of the university’s Unmanned Aircraft Systems program and Dan is one of the instructors in the program.

In this episode, Curt and Linda Willing discuss the cultural and legal challenges associated with hazing, pranks and bullying in the fire service. Linda is a retired fire officer from the Boulder (CO) Fire Department, and is now a noted author, columnist and lecturer. She is the author of On the Line: Women Firefighters Tell Their Stories, and is a monthly columnist for FireRescue1 and Fire Chief.

In this episode, Curt and attorney Brian Bregman discuss the complicated legal issues associated with disciplinary investigations where the accused firefighters are potentially subject to criminal liability – and may have a 5th Amendment Right to remain silent.

Brian represented one of two Prince George’s County volunteer firefighters who were recently acquitted of assaulting two female career firefighters at the scene of a structure fire in 2015. In the case important Garrity issues arose in terms of whether the volunteers could be compelled to answer questions, thereby giving up their 5th Amendment Right to remain silent. The question also arose as to whether the county or the members’ volunteer fire company was legally able to compel the answers.

In this episode, Curt discusses the recent acquittal of two Prince George’s County volunteer firefighters with Attorney Brian Bregman. Brian represented one of the firefighters accused of assaulting two female career firefighters at the scene of a structure fire in 2015.

In this episode, Curt and attorney Matt Dolan discuss the leadership challenge of dealing with the toxic employee. Approximately 60 percent of fire service litigation are HR-types of suits, and many of those lawsuits involve the 1% who make everyone’s lives more difficult: the toxic employee.

Curt and Matt will be presenting a program on Fire Service Leadership in Grand Rapids, Michigan on May 15-16, 2017. Click here for more details.