Rialto, California firefighter Nick DeLia brought a 42 U.S.C. § 1983 action in US District Court against the City of Rialto, the City of Rialto Fire Department, and several city officials after he was ordered to go into his personal residence and bring two rolls of fiberglass insulation out, in violation of the 4th Amendment. The case went to the US Supreme Court, and in this podcast Nick explains what happened and how the case turned out.

Fire Law - Episode 5 Interview with Nick DeLia

Welcome to Fire Law – where we discuss the most important legal issues facing the American fire service!!! Join your host, Curt Varone, as we consider the often bizarre, at times humorous, but always challenging issues!

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Government

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.

Episode 38: Burn Litigation and the Firefighter’s Rule

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/

Fire Law Podcast #37: Fire Officers and Overtime

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.  

Fire Law Episode 36 - FLSA OT for Firefighter Assigned to EMS

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.

Episode 35 - Michigan Mistaken Death Pronouncement Suit

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.

Fire Law - Episode 5 Interview with Nick DeLia

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