Fire Law

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.

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 of the FLSA under the "white collar" exemption. Court cases between 1985 and 2003 were all over the board. In 2004, the US Department of Labor implemented the First Responder Regulations in an effort to clarify the difficult issues.

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 wage and maximum hours requirements. Also discussed is the small fire department exemption.

This is the fourth in a series of podcasts about how the FLSA impacts the fire service.

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 the overtime rate. While that may seem simple, its application is anything but.

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 hours per week and extends the 7 day work week to a possible 28 day work period.

Curt and Bill Maccarone discuss the Fair Labor Standards Act, and how the FLSA impacts fire departments ranging from career to volunteer.

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 September 29, 2011 at the scene of a mobile home fire that claimed the life of a disabled man. Milan claims he was ordered to force entry by a battalion chief, and upon entering found himself alone because his officer apparently forgot his gloves on the apparatus. Milan sustained second and third degree burns trying to effect the rescue but was “forced to leave the structure without removing the victim from the structure, because the fire intensified to extremely high temperatures presenting imminent threat of death.”

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 with the law firm of Morgan & Morgan.

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 started covering NY City Hall and the FDNY when she worked for The Chief-Leader. She's been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as Jane and Ms.

The interview covers her reasons for writing the book, her research and her conclusions about racial issues in the FDNY.

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.