Leadership

The Fair Labor Standards Act has proven its muscle in cases involving the fire service.

Issue 12 and Volume 142.

The Fair Labor Standards Act has proven its muscle in cases involving the fire service. LAWS & LEGISLATION IN 1985 THE U.S. SupremeCourt decision Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985) made the Fair Labor Standards Act and its minimum wage and overtime provisions expressly applicable to state and municipal employees— including career firefighters. Congress passed amendments to ease the decision’s financial impact on state and local governments and delayed the act’s effective date until April 15, 1986. One amendment that has had a great impact on firefighters is Section 7 (29 U.S.C. s.207), which determines overtime compensation. Section 7 recognizes the unique work schedules of firefighters and establishes this standard: Overtime pay or compensatory time off must be given for any hours worked above 212 in a 28-day work period (any time exceeding a 53-hour work week). FIREFIGHTERS WIN IN COURT Some municipalities reacted to…

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