Fire Law

By Curt Varone

What's Fire Law about?

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!

Download our free app to listen on your phone

Fire Law episodes:

05.03.2021
Episode 38: Burn Litigation and the Firefighter’s Rule
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...
12.08.2020
Fire Law Podcast #37: Fire Officers and Overtime
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...
11.03.2020
Fire Law Episode 36 - FLSA OT for Firefighter Assigned to EMS
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...
09.13.2020
Episode 35 - Michigan Mistaken Death Pronouncement Suit
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...
07.03.2020
Fire Law Podcast #34 Disciplinary Challenges with Nicol Juratovac
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...
05.01.2020
Fire Law Podcast #33 - CARES Act Stimulus and EMS Billing
In this episode of Fire Law VLOG and Fire Law Podcast, Curt and attorney Kevin Fairlie discuss the recent action by the federal government to deposit funds in the bank accounts of fire departments that bill for EMS. The...
03.03.2020
Fire Law Episode 32: Corona Virus
In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the...
02.05.2020
Podcast 31: Q & A on EMS Billing and Medicare Medicaid Fraud
In this episode, Curt follows up a podcast from last month with attorney Kevin Fairlie to address some questions that listeners submitted about the challenges associated with fire departments who bill Medicare and Medicaid for EMS transports. Kevin’s law practice...
01.10.2020
Podcast 30: EMS Billing and Medicare Medicaid Fraud
In today’s episode, Curt talks with attorney Kevin Fairlie about the challenges facing fire departments who bill for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into...
01.05.2020
Podcast 29 Firefighter Overtime Lawsuits
In this episode, Curt and Bill Maccarone expound on Curt’s January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations.
12.24.2019
Podcast #28: Survey of Our Biggest Liabilities
In today’s episode, Curt discusses the results of a survey of legal proceedings in fire departments with firefighter-attorney Bill Maccarone. The raw data from the survey is provided on Fire law Blog. My recommendation is that you view the data...
08.22.2019
Podcast # 27: Compensation for EMS Training Time
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...
04.21.2019
Episode 26 Tucson $3.8 Million Verdict Over Nursing Mothers Act Violations
In this episode, Curt and Tucson attorney Jeff Jacobson discuss the case of Tucson Firefighter-Paramedic Carrie Clark. On April 12, 2019 a federal court jury awarded Clark $3.8 million for gender discrimination and retaliation, and violations of the Nursing Mothers...
07.21.2018
Fire Law Episode 25: Illinois Fire Protection District Files Opioid Lawsuit
The Orland Park Fire Protection District joined 13 Illinois communities in filing suit against drug manufacturers and distributors over the opioid epidemic. In this episode, Curt discusses the suit with attorney Ari Scharg, who represents Orland Park.
01.11.2018
Episode 24: Pink Collar Theft In The Fire Service
In this episode, Curt discusses a little known problem, Pink Collar Crime, with Kelly Paxton. Kelly runs the web site pinkcollarfraud.com and is helping to debunk the myths that many of us hold about fire service embezzlement.
06.27.2017
Podcast 23: Drone Law Update
In this episode, Curt discusses drone law with Dr. Thomas Abbott and Civil Air Patrol Commander Daniel Leclair from the University of Maine’s Unmanned Aircraft Systems program. Tom is the director of the university’s Unmanned Aircraft Systems program and Dan...
06.26.2017
Podcast 22: Hazing, Pranks and Bullying in the Fire Service
In this episode, Curt and Linda Willing discuss the cultural and legal challenges associated with hazing, pranks and bullying in the fire service. Linda is a retired fire officer from the Boulder (CO) Fire Department, and is now a noted...
06.02.2017
Podcast 21: Prince George’s County Fireground Altercation Case – The Lawyer’s Edition
In this episode, Curt and attorney Brian Bregman discuss the complicated legal issues associated with disciplinary investigations where the accused firefighters are potentially subject to criminal liability – and may have a 5th Amendment Right to remain silent. Brian represented...
05.22.2017
Podcast 20: Prince George’s County Fireground Altercation Case
In this episode, Curt discusses the recent acquittal of two Prince George’s County volunteer firefighters with Attorney Brian Bregman. Brian represented one of the firefighters accused of assaulting two female career firefighters at the scene of a structure fire in...
04.21.2017
Podcast 19: Dealing with the Toxic Employee
In this episode, Curt and attorney Matt Dolan discuss the leadership challenge of dealing with the toxic employee. Approximately 60 percent of fire service litigation are HR-types of suits, and many of those lawsuits involve the 1% who make everyone’s...
03.23.2017
Fire Law Podcast 18 - Cyberbullying in the Fire Service
In this episode Curt and retired Battalion Chief John Cagno discuss cyberbullying in the fire service. The discussion ranges from legal considerations to leadership responsibilities.
03.20.2017
Fire Law Podcast 17: FLSA Overtime, Officers and the First Responder Regulations
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...
03.09.2017
Fire Law Podcast Episode 16: White Collar and Small Fire Department Exemptions
In this episode, Curt and Bill Maccarone continue their discussion about FLSA overtime issues in the fire service with an introduction to the so-called white-collar exemptions that allow employees classified as executives, administrative or professionals to be exempt from minimum...
02.27.2017
Fire Law Podcast Episode 15
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...
02.21.2017
Fire Law Podcast Episode 14
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...
02.17.2017
Fire Law Episode 13
Curt and Bill Maccarone discuss the Fair Labor Standards Act, and how the FLSA impacts fire departments ranging from career to volunteer.
03.28.2016
Fire Law Episode 12 - Vallejo Firefighter Awarded $2.3 Million
In this episode, Curt talks with Oakland attorney Leslie Levy about the $2.3 million verdict she won on behalf of former Vallejo firefighter Todd Milan. Milan was terminated from the Vallejo Fire Department in November, 2012. His problems began on...
01.01.2016
Podcast Episode 11 – Florida Firefighter Prevails in Cancer Related Disability Case
In this episode of Fire Law, Curt and Florida firefighter-attorney Mike Clelland discuss Mike’s recent victory for an Orlando firefighter who was seeking a cancer-related disability pension. Mike, a 26 year fire service veteran and former state legislator, now practices...
12.04.2015
Podcast Episode 10 - Firefight: The Century-Long Battle to Integrate New York's Bravest
In this episode of Fire Law, Curt interviews Ginger Adams Otis, the author of Firefight: The Century-Long Battle to Integrate New York's Bravest. Ginger is a writer at the NY Daily News and previously worked at the NY Post. She...
09.18.2015
Fire Law Podcast Episode No. 9 – Firefighter Overtime
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.
08.17.2015
Fire Law - Episode 8 - FDNY Disability Pension Settles Discrimination Suit
In this edition of Fire Law, Curt discusses the controversial settlement of an FDNY discrimination suit with Attorney Peter J. Gleason, himself a retired FDNY firefighter. Peter represented FDNY firefighter Kevin Simpkins who was awarded a disability pension earlier this...
07.19.2015
Fire Law - Episode 7 - Duty to Act
In this episode, Curt explores the connection between the law relating to duty to act and real life in a discussion with Fire Commissioner Dave Phillips, from the Washingtonville Fire District in New York. Commissioner Phillips suffered a heart attack...
03.20.2015
Fire Law Episode 6 - Product Liability Suits Over Fire Helmets
In this episode of Fire Law, attorney Jim Magazine discusses the five lawsuits he has filed over neck injuries to firefighters from the Cairns 1044 Helmet. The product liability suits were filed in Florida state court against MSA, the parent...
03.04.2015
Fire Law - Episode 5 Interview with Nick DeLia
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...
02.06.2015
Fire Law - Episode 4 DC Battalion Chief’s Demotion Reversed
In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler...
06.24.2014
Fire Law Podcast - Episode 3: California Police Fire Wars
On February 4, 2014, Chula Vista firefighter Jacob Gregoire was arrested by a California Highway Patrol officer at the scene of a roll over on Interstate 805. Curt Varone and FF Gregoire’s attorney, Dan Gilleon, discuss the arrest and the...
06.14.2014
Episode 2 - Kentucky Ambulance Sued For Sexual Misconduct
Curt Varone discusses a recently filed lawsuit in Kentucky against an ambulance company and two EMTs with the attorney who brought the action, John Vincent. The suit claims a 15 year old girl was the victim of sexual misconduct during...
05.10.2014
Fire Law - Episode 1
Can fire officers be disciplined for not supervising subordinates while off duty? Curt Varone and Illinois attorney Patrick Walsh discuss a suit pending in Illinois challenging the discipline of four firefighters for an altercation last December...

What's Fire Law about?

Download our free app to listen on your phone

Fire Law episodes:

Episode 38: Burn Litigation and the Firefighter’s Rule

Fire Law Podcast #37: Fire Officers and Overtime

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

Episode 35 - Michigan Mistaken Death Pronouncement Suit

Fire Law Podcast #34 Disciplinary Challenges with Nicol Juratovac

Fire Law Podcast #33 - CARES Act Stimulus and EMS Billing

Fire Law Episode 32: Corona Virus

Podcast 31: Q & A on EMS Billing and Medicare Medicaid Fraud

Podcast 30: EMS Billing and Medicare Medicaid Fraud

Podcast 29 Firefighter Overtime Lawsuits

Podcast #28: Survey of Our Biggest Liabilities

Podcast # 27: Compensation for EMS Training Time

Episode 26 Tucson $3.8 Million Verdict Over Nursing Mothers Act Violations

Fire Law Episode 25: Illinois Fire Protection District Files Opioid Lawsuit

Episode 24: Pink Collar Theft In The Fire Service

Podcast 23: Drone Law Update

Podcast 22: Hazing, Pranks and Bullying in the Fire Service

Podcast 21: Prince George’s County Fireground Altercation Case – The Lawyer’s Edition

Podcast 20: Prince George’s County Fireground Altercation Case

Podcast 19: Dealing with the Toxic Employee

Fire Law Podcast 18 - Cyberbullying in the Fire Service

Fire Law Podcast 17: FLSA Overtime, Officers and the First Responder Regulations

Fire Law Podcast Episode 16: White Collar and Small Fire Department Exemptions

Fire Law Podcast Episode 15

Fire Law Podcast Episode 14

Fire Law Episode 13

Fire Law Episode 12 - Vallejo Firefighter Awarded $2.3 Million

Podcast Episode 11 – Florida Firefighter Prevails in Cancer Related Disability Case

Podcast Episode 10 - Firefight: The Century-Long Battle to Integrate New York's Bravest

Fire Law Podcast Episode No. 9 – Firefighter Overtime

Fire Law - Episode 8 - FDNY Disability Pension Settles Discrimination Suit

Fire Law - Episode 7 - Duty to Act

Fire Law Episode 6 - Product Liability Suits Over Fire Helmets

Fire Law - Episode 5 Interview with Nick DeLia

Fire Law - Episode 4 DC Battalion Chief’s Demotion Reversed

Fire Law Podcast - Episode 3: California Police Fire Wars

Episode 2 - Kentucky Ambulance Sued For Sexual Misconduct

Fire Law - Episode 1