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Career FF pay and work schedules.....your input is needed.
I tried to see if someone had already posted something along those lines but when I typed in "pay" in the search field it gave me 200+ hits, so sorry if I am duplicating anything.
I am curious as to how many hours you work per your pay check. Do you work shift work? Any kelly days? Overtime pay?
Reason why I ask is that my current Department pays us for 16 hours of our 24 hour shift. They deduct 5 hours for sleep, even though we usually dont get to sleep the full 5, and 3 hours for meals, breakfast, lunch, and dinner. I have been doing research into it, and their reasoning behind it is the Fair Labor Standard Act (FLSA). They say that we are a flexible hour flexible rate employee as per FLSA. Well I have read part of the FLSA manual, if any of you have ever read it or looked at it, its thicker than the Bible and harder to understand.
I have spoken to only one other person from my state who "was" paid like we are, and they were able to get three years back pay for it being illegal to pay us in that manor. It also gave them overtime for two years due to the 24 on 48 off schedule, until the city gave them a kelly day(day off for those who dont know) to compensate them for their work schedule.
If you have come across something similar to this or have any input please let me know.
Thanks, William
I am curious as to how many hours you work per your pay check. Do you work shift work? Any kelly days? Overtime pay?
Reason why I ask is that my current Department pays us for 16 hours of our 24 hour shift. They deduct 5 hours for sleep, even though we usually dont get to sleep the full 5, and 3 hours for meals, breakfast, lunch, and dinner. I have been doing research into it, and their reasoning behind it is the Fair Labor Standard Act (FLSA). They say that we are a flexible hour flexible rate employee as per FLSA. Well I have read part of the FLSA manual, if any of you have ever read it or looked at it, its thicker than the Bible and harder to understand.
I have spoken to only one other person from my state who "was" paid like we are, and they were able to get three years back pay for it being illegal to pay us in that manor. It also gave them overtime for two years due to the 24 on 48 off schedule, until the city gave them a kelly day(day off for those who dont know) to compensate them for their work schedule.
If you have come across something similar to this or have any input please let me know.
Thanks, William
Replies to This Discussion
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Permalink Reply by Bill Johnson on
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William:
One of the keys to your employer using that type of pay schedule is an agreement between the employer and the firefighters. Do you have or are you aware of an agreement?
We took the City to court over that issue and the judge ruled in our favor. We were awarded back pay, because we could clearly demonstrate working during meals and sleep time and the judge ordered the City to pay firefighters for sleep and meal time.
Bill
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Permalink Reply by William Williams on
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The City has been paying us this way for years, so if there was an agreement it was made before my time. Even if there is one, I didnt agree to it. How can it still be in place right now? Now I did accept the job when it was offered to me but i never agreed with the way we were payed from day 1.
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I was in the same boat so to speak. The City had been doing it 15 years before I came to work. I think the judge relied on the City's action as a directive rather than an agreement.
Even with the agreement, FLSA requires the employer to compensate the employee when his or her sleep or meal time is interrupted.
I believe you would do well to contact a labor attorney. Most will see you the first time for free. You never know, you may have a case. It would be stronger if more than just you seek an attorney's opinion.
Are you a member of the Union?
Be safe.
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No we do not have a Union established.
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Permalink Reply by Justin Hill on
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I'm going to tell you right off the bat that the city is in the wrong. They have to pay you for anytime that you are AVAILABLE. And by saying "available", I mean that when you are eating or sleeping at the station and respond to a call at any time, you are entitled to get paid. Are department in McAllen works off of a 9 day cycle.
The shifts work as follows:
C A C B C B A B A
That means "On, Off, On, Off, On, Off, Off, Off, Off"
We get paid OT anything after 68 hours in one cycle.
Pretty cool. If you have any further questions, let me know. I have my sources.
Justin Hill
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Yeah, the neighboring military installation fire department works that same schedule. Not to shabby, I do like my 24 on and 48 off though. Needless to say, any change in schedule would be hard to adapt to at first but I am open to change.
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I love our schedule. It's like a mini vacation. You can't beat that and then our contract says that we have to take at least 1 cycle off during the year. If you add those 9 days plus the 4 days off before that cycle starts, that equals 13 total days off for only taking 3 shifts off. For me, that's actually almost too much time off. I personally love being at work/station. It's in the blood and runs deep. But back to the subject at hand, I would like to hear how your battle goes, that's if you decide to take action. I personally believe that you all have a case and will see a shit load of retro pay. But let me know if I can be of some assistance to you during this. I'll do my best. I just get tired of city/towns/counties/ect. running the department like a business instead of a life saving priority. Just let me know.
Justin Hill
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will do brother. I will be taking action, just have to get my things together........its like a poker game....waiting on that great hand to check raise then move all in!
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Permalink Reply by Allen Wahlstrom on
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William, go over to Hunter AAF and talk to one of the union guys there. We fought and won that battle almost 20 years ago...you guys are getting hosed.
We were paid FLSA and still are, but not deductions for sleep or not working weekends either. Used to get docked for taking leave as well.
The Fed guys are a good source for info on how to beat that system
Allen
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Thanks, Allen. Yeah I have friends at Ft. Stewart and Hunter and didnt think about talking to them about it.
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Permalink Reply by Brian Dumser on
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OMG you guys are getting SCREWED!! My advice is get unionized and quickly! They can't fire you for wanting to unionize. But as someone already said, it will get worse before it gets better.
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