flsa

Lewie Pugh has traveled to Washington, D.C., to discuss speed limiters, truck parking and more. We’ll find out why face-to-face meetings are important. Also, FMCSA is working on a new method for determining safety fitness – and OOIDA has some ideas of what the agency should not do in creating that new standard. Then, Marty Ellis describes an encounter he had with one of the new electric trucks out on the road.

0:00 – Newscast 

10:00 – Pugh covers speed limiters, parking and more with lawmakers

24:52– FMCSA contemplates changes to safety fitness determination

39:54 – An encounter with an electric truck

This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations Board’s (NLRB’s) joint-employer rule, and SpaceX’s groundbreaking suit against the NLRB.

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This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The freight program director of the Eastern Transportation Coalition, Marygrace Parker, joins the program to talk about how it’s tackling the truck parking crisis one city, county and state at a time. Also, the Guaranteeing Overtime for Truckers Act is simple enough. But the waters are being muddied by groups with a vested interest in maintaining the status quo. And we’ve seen a slight bump of freight in the spot market. We speak with DAT to get the latest numbers in load volume and to talk about how the holiday season is shaping up.

0:00 – Newscast 

10:07 – Tackling truck parking on the Eastern Seaboard

24:50 – Clearing up the GOT Truckers Act

39:29 – How the freight market is shaping up for the holidays

Rep. Jeff Van Drew of New Jersey, the House sponsor of the GOT Truckers Act, joins the program to talk about why getting overtime pay for truckers is so important to him. Also, we’ll tell you who in recent news has been good and who’s been bad with this month’s edition of “Roses and Razzberries.” And a state lawmaker in Michigan is asking for the state to take another look at how it sets speed limits.

0:00 – Newscast 

10:07 – “They deserve to get paid.”

24:50 – Roses and Razzberries

39:29 – Changing how Michigan sets speed limits

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 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.

For more about overtime requirements, check out these:

• The basics of overtime rules—with Shelley M. Jackson and Pastor John Hickey (January 3, 2017)
• Which employees are covered by overtime rules?—with Shelley M. Jacksonand Pastor John Hickey (January 10, 2017)
• Does the FLSA apply to our church?—with Shelley M. Jackson and Pastor John Hickey (January 17, 2017)
• 1734 Stop using comp time with nonexempt employees (Aug. 22, 2017)

• E.D. Tex.: Obama FLSA rule changes invalid; salary increase for exempt employees struck down (Sept. 4, 2017)

• ChurchLaw&Tax infographic: "FLSA Classification Decision Tree for Churches and Other Religious Organizations"

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Are fire officers eligible for overtime? Does rank matter? In this episode Curt and Bill Maccarone discuss overtime issues associated with fire officers. Many fire departments consider some or all of their officers to be exempt from the overtime requirements of the FLSA under the “white collar” exemption. Court cases between 1985 and 2003 were all over the board. In 2004, the US Department of Labor implemented the First Responder Regulations in an effort to clarify the difficult issues.

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.

In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of the 207k partial exemption. The 207k, or 7k, exemption extends the maximum hours for firefighters from 40 to 53 hours per week and extends the 7 day work week to a possible 28 day work period.

Curt and Bill Maccarone discuss the Fair Labor Standards Act, and how the FLSA impacts fire departments ranging from career to volunteer.

Josh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and practices.

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Josh speaks with lawyer Shelley Jackson and pastor John Hickey about overtime and minimum-wage requirements under the Fair Labor Standards Act (FLSA).

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The Department of Labor has officially updated the overtime regulations of the Federal Fair Labor Standards Act, or the FLSA. These updates are going to affect over 4 million workers in the United States—and by extension, their employers. Molly Kelley, Sr. HR Business Partner of Xenium, is our resident expert on the subject. She joins us to explain the current guidelines, break down the new language and its effects and offers next steps for employers and HR professionals to ensure compliance with the new regulations.

Have feedback for us? Please review us on iTunes or take our survey.

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Learn about Molly Kelley

Supporting Resources:

• Final Overtime Rule - DOL

In this episode, firefighter attorney Bill Maccarone and Curt discuss a recent 9th Circuit ruling in an overtime case brought by 82 California firefighters who claimed their fire department miscalculated their overtime.

Dan Grinfas, a labor and employment attorney at Buchanan Angeli Altschul & Sullivan LLP, joins the Human Resources for Small Business podcast to discuss the new proposed changes by the Department of Labor (DOL) to the Fair Labor Standards Act (FLSA) that would raise the minimum salary for exempt workers. 

In the episode, Dan reviews when the proposed changes take effect, what is actually changing, duties testing and what the practical action items for employers are right now.

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