Advanced FLSA: I Think We Screwed Up, What Do We Do Now?
** LIVE WEBINAR **
August 16, 2021
Advanced FLSA Series
Join us for an in-depth analysis of the most important and challenging overtime issues confronting the fire service. In this series of webinars we tackle the most litigated FLSA topics to help keep you and your fire department out of the courtroom.
Advanced FLSA: I Think We Screwed Up, What Do We Do Now?
The Fair Labor Standards Act is one of the most complicated laws that fire departments have to contend with. Career, combination and volunteer departments are all impacted. The FLSA is also one of the least forgiving laws, with mistakes resulting in actual damages, liquidated damages, costs, interest and attorneys fees.
Given the complexity, FLSA mistakes are almost unavoidable putting fire service leaders in a quandary: what do we when a mistake is discovered? That raises more questions...
Is admitting the mistake always the best option? What if the employees do not know about the mistake? Does the union know? Do my bosses at city hall know? What are the consequences of doing nothing? What are the consequnces of fixing the problem? Is it wise to quietly make the changes, move on and hope no one notices?
This session focuses on challenges facing fire department leaders when an FLSA mistake is discovered. Fire department defenses to FLSA claims, as well as strategies for mitigating damages will be discussed.
Outline
1. Intro
2. Defenses
3. I Think We Screwed Up: Strategic Options
4. Avoiding FLSA claims
Lead Instructor:
Brian Massatt, JD, MPA.
Brian is a retired firefighter and practicing attorney in Chicago, IL. His practice is concentrated on wage and hour issues. He brings a wealth of practical experience in litigating fire and emergency service FLSA cases. Brian is a co-instructor for the FLSA for Fire Departments program.
Co-Instructors: Curt Varone and Bill Maccarone
Course Location: LIVE WEBINAR
• Eastern 1pm-4:00pm
• Central 12pm-3:00pm
• Mountain 11 am-2:00pm
• Pacific 10am-1:00pm
Price: $99.00 per person.
To register offline, email curtvarone@gmail.com. Group discounts are available ranging from 50 to 75% off.
Worried about missing some of the program due to runs, meetings or other interruptions?
The webinar will be recorded. If you miss some or all of the session, we can provide a link to watch the recording for up to 48 hours after the class.
Other classes in the series:
Advanced FLSA: I Think We Screwed Up, What Do We Do Now? - August 16, 2021
The Fair Labor Standards Act is one of the most complicated laws that fire departments have to contend with. Career, combination and volunteer departments are all impacted. The FLSA is also one of the least forgiving, with mistakes resulting in damages, liquidated damages, costs and attorneys fees. Given the complexity, FLSA mistakes are almost unavoidable putting fire service leaders in a quandary: what do we when a mistake is discovered? Does the employee know? Does the union know? Do my bosses at city hall know? This session focuses on fire department defenses to FLSA claims, as well as strategies for mitigating damages by selecting the best option to resolve the dispute.
Advanced FLSA: Calculating Regular Rate for Firefighters and other First Responders - October 20, 2021
This program will take a deep dive into complex wage and hour issues related to properly calculating a firefighters' regular rate in the 21st Century. Regular rate violations continue to be the most common allegation in FLSA lawsuits for fire departments. This advanced FLSA program addresses major issues and current trends related properly calculating the regular rate for firefighters, EMS personnel, and other public safety civilian personnel. Longevity pay, medic pay, specialty pay, incentive pay, sick leave buy backs, holiday pay, shift-differentials, out-of-rank/step-up pay, health care buy-backs, vacation buy-backs, attendance bonuses, and more will be addressed.
Advanced FLSA: Managing Firefighters' Hours in the 21st Century - Off-the-clock work - November 17, 2021
This program will focus on 21st Century wage and hour issues facing the fire service, including the off-duty use of technology to complete reports, the sending and receiving of work-related emails and text messages, and compensation for shift-overlaps. This advanced FLSA program will addresses major cases and current trends related to "off-the-clock" work for firefighters, fire officers, EMS personnel, and other public safety personnel.
Advanced FLSA: Executive exemption: Fire Officers and Overtime – December 15, 2021
Are fire officers exempt from overtime because they are executive employees, or are they hourly wage earners? That question has perplexed fire departments, municipal officials, and the courts for decades. Even the Department of Labor’s efforts in 2004 to clarify things have done little to stem the tide. This program will take a close look at the law and the cases to explain why some officers are entitled to overtime and other are not.
Note: Each class requires a separate registration.
Who should Attend
These Advanced FLSA classes are not entry-level classes. Each program assumes attendees have a basic understanding of the FLSA. While attendance at the 24-hour FLSA for Fire Departments program is not a pre-requisite, it is strongly encouraged.
How do I know if this class is for me?
- If you know the difference between a statute and a regulation;
- If you know the difference between a work week and a work period;
- If you understand the term regular rate and how it relates to overtime compensation;
- If you understand the FLSA relevance of the terms maximum hours, wage augments, and 7k,
then these programs are for you. If you do not, you should probably attend the FLSA for Fire Departments program prior to attending any of the advanced programs.
Instructor:
Brian Massatt, JD, MPA.
Brian is a retired firefighter and practicing attorney in Chicago, IL. His practice is concentrated on wage and hour issues. He brings a wealth of practice experience in litigating fire and emergency service FLSA cases. Brian is a co-instructor for the FLSA for Fire Departments program.
For additional information please contact:
Curt Varone: curtvarone@gmail.com
Cancellation and Refund Policy
We all know that sometimes plans must change. If you find you can no longer attend a program, please contact me at curtvarone@gmail.com. Among the options are:
- transferring your registration to a colleague
- providing a full or partial refund
- credit for the next FLSA webinar
If you are seeking a refund, provided you notify me at least 30 days prior to a scheduled event, a full refund will be provided. If notice is provided less than 30 days prior to the event, a refund of 50% will be provided unless notice is provided less than 10 days prior to an event in which case a refund will not be provided. An exception will be made in the event that a class is sold out and your seat can be re-filled, in which case a full refund will be provided.
Remember - if you cannot attend you can always transfer your registration to a colleague. In addition, you can transfer your registration to the next FLSA webinar. Unfortunately for this program credit cannot be offerred for a future class other than the next FLSA webinar. Credit will not be provided for no-shows without prior notification.

Curt Varone has over 50 years of experience in the fire service. He served twenty-nine years with the Providence, Rhode Island, Fire Department, retiring as a Deputy Assistant Chief (shift-commander). He has been a practicing attorney for over forty years, licensed in both Rhode Island and Maine. Besides his Juris Doctorate, he has a Master's in Forensic Psychology. He previously served as the Director of the Public Fire Protection Division at the National Fire Protection Association. Curt has written four books, Legal Considerations for Fire and Emergency Services, Fire Officer's Legal Handbook, Managing Disciplinary Challenges in the Fire Service, and The Judgment Line. He is a contributing editor for Firehouse Magazine writing the Fire Law column and remains active as a deputy chief with the Exeter (RI) Fire Department.
Advanced FLSA: I Think We Screwed Up, What Do We Do Now?
** LIVE WEBINAR **
August 16, 2021
Advanced FLSA Series
Join us for an in-depth analysis of the most important and challenging overtime issues confronting the fire service. In this series of webinars we tackle the most litigated FLSA topics to help keep you and your fire department out of the courtroom.
Advanced FLSA: I Think We Screwed Up, What Do We Do Now?
The Fair Labor Standards Act is one of the most complicated laws that fire departments have to contend with. Career, combination and volunteer departments are all impacted. The FLSA is also one of the least forgiving laws, with mistakes resulting in actual damages, liquidated damages, costs, interest and attorneys fees.
Given the complexity, FLSA mistakes are almost unavoidable putting fire service leaders in a quandary: what do we when a mistake is discovered? That raises more questions...
Is admitting the mistake always the best option? What if the employees do not know about the mistake? Does the union know? Do my bosses at city hall know? What are the consequences of doing nothing? What are the consequnces of fixing the problem? Is it wise to quietly make the changes, move on and hope no one notices?
This session focuses on challenges facing fire department leaders when an FLSA mistake is discovered. Fire department defenses to FLSA claims, as well as strategies for mitigating damages will be discussed.
Outline
1. Intro
2. Defenses
3. I Think We Screwed Up: Strategic Options
4. Avoiding FLSA claims
Lead Instructor:
Brian Massatt, JD, MPA.
Brian is a retired firefighter and practicing attorney in Chicago, IL. His practice is concentrated on wage and hour issues. He brings a wealth of practical experience in litigating fire and emergency service FLSA cases. Brian is a co-instructor for the FLSA for Fire Departments program.
Co-Instructors: Curt Varone and Bill Maccarone
Course Location: LIVE WEBINAR
• Eastern 1pm-4:00pm
• Central 12pm-3:00pm
• Mountain 11 am-2:00pm
• Pacific 10am-1:00pm
Price: $99.00 per person.
To register offline, email curtvarone@gmail.com. Group discounts are available ranging from 50 to 75% off.
Worried about missing some of the program due to runs, meetings or other interruptions?
The webinar will be recorded. If you miss some or all of the session, we can provide a link to watch the recording for up to 48 hours after the class.
Other classes in the series:
Advanced FLSA: I Think We Screwed Up, What Do We Do Now? - August 16, 2021
The Fair Labor Standards Act is one of the most complicated laws that fire departments have to contend with. Career, combination and volunteer departments are all impacted. The FLSA is also one of the least forgiving, with mistakes resulting in damages, liquidated damages, costs and attorneys fees. Given the complexity, FLSA mistakes are almost unavoidable putting fire service leaders in a quandary: what do we when a mistake is discovered? Does the employee know? Does the union know? Do my bosses at city hall know? This session focuses on fire department defenses to FLSA claims, as well as strategies for mitigating damages by selecting the best option to resolve the dispute.
Advanced FLSA: Calculating Regular Rate for Firefighters and other First Responders - October 20, 2021
This program will take a deep dive into complex wage and hour issues related to properly calculating a firefighters' regular rate in the 21st Century. Regular rate violations continue to be the most common allegation in FLSA lawsuits for fire departments. This advanced FLSA program addresses major issues and current trends related properly calculating the regular rate for firefighters, EMS personnel, and other public safety civilian personnel. Longevity pay, medic pay, specialty pay, incentive pay, sick leave buy backs, holiday pay, shift-differentials, out-of-rank/step-up pay, health care buy-backs, vacation buy-backs, attendance bonuses, and more will be addressed.
Advanced FLSA: Managing Firefighters' Hours in the 21st Century - Off-the-clock work - November 17, 2021
This program will focus on 21st Century wage and hour issues facing the fire service, including the off-duty use of technology to complete reports, the sending and receiving of work-related emails and text messages, and compensation for shift-overlaps. This advanced FLSA program will addresses major cases and current trends related to "off-the-clock" work for firefighters, fire officers, EMS personnel, and other public safety personnel.
Advanced FLSA: Executive exemption: Fire Officers and Overtime – December 15, 2021
Are fire officers exempt from overtime because they are executive employees, or are they hourly wage earners? That question has perplexed fire departments, municipal officials, and the courts for decades. Even the Department of Labor’s efforts in 2004 to clarify things have done little to stem the tide. This program will take a close look at the law and the cases to explain why some officers are entitled to overtime and other are not.
Note: Each class requires a separate registration.
Who should Attend
These Advanced FLSA classes are not entry-level classes. Each program assumes attendees have a basic understanding of the FLSA. While attendance at the 24-hour FLSA for Fire Departments program is not a pre-requisite, it is strongly encouraged.
How do I know if this class is for me?
- If you know the difference between a statute and a regulation;
- If you know the difference between a work week and a work period;
- If you understand the term regular rate and how it relates to overtime compensation;
- If you understand the FLSA relevance of the terms maximum hours, wage augments, and 7k,
then these programs are for you. If you do not, you should probably attend the FLSA for Fire Departments program prior to attending any of the advanced programs.
Instructor:
Brian Massatt, JD, MPA.
Brian is a retired firefighter and practicing attorney in Chicago, IL. His practice is concentrated on wage and hour issues. He brings a wealth of practice experience in litigating fire and emergency service FLSA cases. Brian is a co-instructor for the FLSA for Fire Departments program.
For additional information please contact:
Curt Varone: curtvarone@gmail.com
Cancellation and Refund Policy
We all know that sometimes plans must change. If you find you can no longer attend a program, please contact me at curtvarone@gmail.com. Among the options are:
- transferring your registration to a colleague
- providing a full or partial refund
- credit for the next FLSA webinar
If you are seeking a refund, provided you notify me at least 30 days prior to a scheduled event, a full refund will be provided. If notice is provided less than 30 days prior to the event, a refund of 50% will be provided unless notice is provided less than 10 days prior to an event in which case a refund will not be provided. An exception will be made in the event that a class is sold out and your seat can be re-filled, in which case a full refund will be provided.
Remember - if you cannot attend you can always transfer your registration to a colleague. In addition, you can transfer your registration to the next FLSA webinar. Unfortunately for this program credit cannot be offerred for a future class other than the next FLSA webinar. Credit will not be provided for no-shows without prior notification.