Fair Labor Standards Act (FLSA) for Fire Departments

A comprehensive overview of wage and hour issues in the fire and emergency services. This three day program addresses the most important topics governed by the Fair Labor Standards Act, including overtime requirements, maximum hours, determining regular rate, comp time, substitutions, payments to volunteers, record keeping and much, much more.

No other law impacts fire department operations nor costs local governments more than the FLSA. Since 1985 when the US Supreme Court decided Garcia v. San Antonio Metropolitan Transit Authority ruling that the FLSA was fully applicable to state and local governments, fire department cases have played a leading role in shaping the wage and hour landscape.

This program covers everything fire and emergency service leaders need to understand about the FLSA, including:

• Maximum hours before overtime compensation must be paid
• Shift schedules that work, and those that do not
• The impact of longevity pay, incentive pay, clothing allowance and sick leave buy-backs on hourly rate
• Comp time
• Kelly days
• On-call time
• Sleep time, meal time and break time issues
• Impact of substitutions on hours worked
• Treatment of officers as hourly or exempt personnel
• EMS personnel and the 207k exemption
• Acting out of rank pay
• Volunteers, compensation, expenses, benefits and nominal fees
• Portal-to-Portal Act
• Recordkeeping requirements
• How to establish a work period for FLSA purposes
• Training time
• Compensation for time spent in EMS recertification and/or other classes
• Overtime issues associated with USAR, wildland, IMAT, and DMAT deployments

This program is intended for fire service leaders, union officials and others responsible for ensuring compliance with the FLSA. Attorneys whose practice includes FLSA for fire and emergency services personnel may also find it valuable.

Course Location: 

 To register offline, email curtvarone@gmail.com.

Instructors:

Curt  Varone, EFO, Attorney

Deputy Chief, Exeter, RI

Deputy Assistant Fire Chief, Retired Providence, Rhode Island

Curt Varone has over 50 years of experience in the fire service, and 40 years of experience as a practicing attorney licensed in both Rhode Island and Maine. A graduate of the National Fire Academy’s Executive Fire Officer Program, he served as a career firefighter with the Providence Fire Department for 29 years. Curt served as the Director of the Public Fire Protection Division at the NFPA and 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 and remains active as a deputy chief with the Exeter (RI) Fire Department.

Bill Maccarone, Attorney

North Kingstown Fire Department, North Kingstown, Rhode Island

Bill Maccarone is an attorney and a career Assistant Chief of Department with the North Kingstown, RI Fire Department. He has over twenty-five years experience as both a paid professional firefighter and as a volunteer, and served as Vice President of the North Kingstown Firefighters Association, I.A.F.F. Local 1651. Bill has a Bachelor's Degree with a double major in Political Science and Public Administration, with a minor in Labor Studies from Rhode Island College. He also has Master's of Science degree in Labor Relations and Human Resources from the University of Rhode Island and a Juris Doctorate Degree from Roger Williams School of Law. He is licensed to practice law in both RI and MA.

Brian Massatt, Attorney

Orland Fire Protection District, Retired, Orland Park, IL

Brian Massatt is a trial attorney in Illinois and a retired firefighter. Besides his law degree, he holds a Masters Degree in Public Administration. Brian is a sitting board member of the National Employment Lawyers Association-Illinois and a regular contributing editor to the ABA treatise on the Fair Labor Standards Act. Brian typically litigates FLSA individual and class actions as a member of the trial bar for the U.S. District Court for the Northern District of Illinois and in the Seventh Circuit Court of Appeals. 

HOTELS

Best Western Plus KC Speedway Inn and Suites

10401 France Family Drive

Kansas City, KS 66111

913-334-4440

AIRPORT INFORMATION

The closest airport to the training site is: Kansas City International Airport (MCI) is 24miles away. 

For additional information please contact:

Curt Varone:  curtvarone@gmail.com

Seminar Agenda

Fair Labor Standards Act (FLSA) for Fire Departments

Day 1

8:00 a.m. - 12:00 p.m.

• Overview of FLSA
• Basic concepts
• Coverage
• Intro to maximum hours, regular rate and overtime rate
• Intro to hours worked
• Intro to 207 K partial exemption for police or firefighting work

12:00 p.m. - 1:00 p.m.  Lunch - On Own

1:00 p.m. - 5:00 p.m.

• Regular rate and overtime rate
• Workweek versus work period
• Executive, administrative, and professional employees
• Highly compensated employees

Day 2

8:00 a.m.—12:00 p.m.

• More advanced 207 K partial exemption for firefighters
• Flexible schedules and schedule adjustments
• Comp time
• Common schedules
• Substitutions
• Early relief

12:00 p.m.—1:00 p.m. Lunch - On Own

1:00 p.m. - 5:00 p.m.

• Volunteer Issues
• Can a career employee “volunteer”
• Same employer cases
• Same type of work
• When does a compensated “volunteer” become an employee?
• Sleep time
• Meal time
• Break time
• Training time
• Study time
• Travel issues

Day 3

8:00 a.m. - 12:00 p.m.

• Fluctuating workweek
• EMS Employees
• Discipline, fines and assessments
• On-Call Time
• Fire investigators – law enforcement not firefighters
• Small Fire Department Exemption
• Premium offsets
• Recordkeeping requirements

12:00 p.m.—1:00 p.m. Lunch - On Own

1:00 p.m. - 5:00 p.m.

• Pre and post shift activities
• Suffered or permitted…. emails, text messages and work from home - off the clock claims
• Common FLSA violations
• Defenses
• State law issues
• Case updates

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

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. Unfortunately for this program credit cannot be offerred for a future class unless we can refill the seat. 

Please note that training programs may be cancelled due to insufficient enrollment. This is rare but if it becomes necessary we will contact every registered student at least 30 calendar days in advance of the scheduled course date.  In the event of a cancellation, notice will be provided with the option to reschedule for a future course date or to receive a full refund of registration fees. I am not responsible for any expenses incurred by the registrant if a training course is cancelled. If you are considering booking non-refundable flights feel free to email me at curtvarone@gmail.com to confirm that enrollment is sufficient.

If a training class is cancelled due to any unforeseen circumstances such as weather or natural disaster, the class will be rescheduled and registered attendees will be entitled to attend the rescheduled course or recieve a refund.