| Description | Volume_Issue | Year | Month | PDF |
| This issue is about a court case in which paramedics and EMTs were found not to be entitled to overtime compensation for on-call hours; a US Supreme Court ruling that involved consideration of the “salary basis” test; and a Washington law forbidding discrimination on the basis of political activism. | 01-01 | 1997 | 4 | v01n01apr1997.pdf |
| Most importantly, today we consider what FLSA DOES NOT require; we then analyze whether indefinite leave may be a “reasonable accommodation” under the ADA; mere obesity can be considered a disability under the ADA; and whether paramedics and firefighters are 207 (k)-exempt under FLSA. | 01-03 | 1997 | 6 | v01n03jun1997.pdf |
| Today we take note of an extremely importance case clarifying management rights; take further notice that the Committee on Fire Service Organization and Deployment of the NFPA recently abandoned an attempt to adopt minimum national fire response standards; a FLSA update clarifying issues with comp time and the “salary basis” test; unemployment compensation and serious misconduct; and then we address the ability of fire commissioners to decrease the number of commissioners on the board. | 01-05 | 1997 | 8 | v01n05aug1997.pdf |
| As far as issues with volunteers under FLSA, this may be the most important issue to date, in which we discuss various issues, including, but not limited to, the definitions of “employee” and “nominal fees”, and the importance of those words in calculating whether an individual is a volunteer; liquidated damages; Department of Labor Opinions; and recent reform activity; and then, aside from FLSA we talk about the importance of property tax resolutions. | 01-06 | 1997 | 9 | v01n06sep1997.pdf |
| Today we discuss a new respiratory protection standard handed down by OSHA; Congress’ enactment of the Health Insurance Portability and Accountability Act, aka HIPAA; distinctions between hourly and salary-based employees under FLSA; and finally, very important considerations of excessive absenteeism under the FMLA. | 02-01 | 1998 | 1 | v02n01jan1998.pdf |
| The First Amendment comes into play with fire commissioners in various circumstances, and we consider that here, along with other considerations involving fluctuating workweeks being found NOT to violate FLSA; a case in which a workplace search was found reasonable; the legal distinctions between layoffs and termination for cause; an overtime exemption for computer professionals under FLSA; and finally, we consider pay deductions for safety violations under FLSA. | 02-02 | 1998 | 2 | v02n02feb1998.pdf |
| The 207 (k) exemption under FLSA, which exempts employees engaged in fire protection activities from the overtime laws, is controversial, and we discuss a huge 207 (k) case here; we then note that the US Supreme Court declined to hear another 207 (k) case where some firefighter/paramedics were deemed qualified for the 207(k)exemption even though they spent more than 20% of their time on unrelated activities that were not strictly firefighting; and a US Supreme Court case voiding an ADEA release; also, we address another case involving same-sex harassment; the concept of "medical necessity” under the FMLA; the disability leave supplement and promotional examinations; and to conclude, we consider an issue with mergers. | 02-04 | 1998 | 4 | v02n04apr1998.pdf |
| Sexual harassment in the workplace may subject the employer to immense liabilities, and today we consider implications of some very important cases decided by the United States Supreme Court, particularly with respect to “quid pro quo” harassment and hostile work environment claims; also, we analyze a federal court decision that dealt a blow to the compulsory arbitration process, by finding that employers may not compel individuals to waive their right to file their Title VII claims in court; the applicability of FLSA to municipal governments; the statute of limitations on claims for wrongful discharge based on employee handbooks; the validity of last chance agreements in the discharge and discipline process; the legality of psychological exams in the case of extreme misconduct; and we sum it all up by answering a question about rural fire districts and their concerns about mutual aid agreements. | 02-08 | 1998 | 8 | v02n08aug1998.pdf |
| Now we consider a federal court case discerning whether city firefighters may serve as private
rescue squad volunteers without mandating overtime or minimum wage payment under FLSA; the payment of compensatory time in lieu of overtime; various examples of on-call pay disputes under FLSA; and to conclude, we discuss whether employment contracts may extend beyond an elected official’s term.
| 02-10 | 1998 | 10 | v02n10oct1998.pdf |
| We now discuss a decision of the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, involving the duty to bargain supplemental pensions; the 90-day statute of limitations for vacation of arbitration awards; handicap discrimination and the duty to accommodate disabilities; the preemption of state law by FLSA; the requirement under the FMLA that the employer give notice of a requirement for medical certification; the 296-305 requirements for Washington fire departments in live-structure firefighting. | 02-11 | 1998 | 11 | v02n11nov1998.pdf |
| Today we consider a decision by the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, in which the hearing examiner found that there is no duty to bargain supplemental pensions; we then consider the 90-day statute of limitations for seeking the vacation of an arbitration award; a federal district court finding that the Department of Labor exceeded their authority when enacting a particular FMLA regulation; a question involving contractual obligations under the FMLA; a question involving the issuance of pagers and the implications that may present under the on-call-pay provisions FLSA; and to sum up, a question involving whether a fire department must have a fire chief to comply with Washington law. | 02-12 | 1998 | 12 | v02n12dec1998.pdf |
| We now address some “burning” constitutional questions surrounding burning permits; some updates to the FLSA 207 (k) exemption; and finally, a question regarding the handwriting of multiple individuals on reports. | 03-01 | 1999 | 1 | v03n01jan1999.pdf |
| Today the Firehouse Lawyer revisits various provisions of the FLSA, including the 207 (k) exemption; we then address some FMLA cases of importance; some definitional changes in RCW 296-305; and a question regarding bona fide occupational qualifications under the ADA. | 03-02 | 1999 | 2 | v03n02feb1999.pdf |
| We now look at RCW 38.40.060, which controls when military leave shall be granted to public employees; the “salary basis’ test for determining exempt status under FLSA; whether employees may sue for negligence, defamation or invasion of privacy; and then we perform a comprehensive analysis of volunteerism under FLSA. | 03-03 | 1999 | 3 | v03n03mar1999.pdf |
| We now discuss another jurisdiction’s consideration of the privacy rights of public employees in their personnel files; the duty to accommodate disabled firefighters under the ADA; the illegality of partial pay docking under FLSA; and then we consider some EEOC guidelines on offering disabled employees “equivalent positions” upon their return to work, and situations within which a leave request is covered by both the FMLA and the ADA. | 03-05 | 1999 | 5 | v03n05may1999.pdf |
| Today we examine a federal court case determining that volunteers were not employees covered by FLSA; a United States Supreme Court case finding that state government employees can no longer sue their unconsenting employers for FLSA violations in state court; and finally, we cover the basic requirements of the Family and Medical Leave Act. | 03-07 | 1999 | 7 | v03n07jul1999.pdf |
| The issue today is the defects inherent in Initiative 695, which would have various effects on current property tax laws; whether a delay in paying overtime can subject the employer to damages under FLSA, even though FLSA itself does not specifically state when overtime compensation must be paid; and finally, we discuss establishing the work period under FLSA. | 03-08 | 1999 | 8 | v03n08aug1999.pdf |
| Today we discuss a Washington court of appeals decision adopting the “payroll method” for
calculating the number of employees necessary to subject an employer to the laws against
discrimination; some interesting Washington cases involving sexual harassment; the importance of notifying employees of their FMLA rights; and the ability of a municipal employee to sue an employer in federal court to enforce their FLSA rights.
| 03-09 | 1999 | 9 | v03n09sep1999.pdf |
| This issue considers a federal court case that found that an employer did not violate the FLSA by requiring employees to use some of their comp time as they approach the agreed cap on comp time hours; this issue also considers a Washington court case finding that an invitation for bids on a public contract is not an offer to contract but a solicitation of an offer. | 03-10 | 1999 | 10 | v03n10oct1999.pdf |
| We now look at whether employers may require their employees to use compensatory time under FLSA; whether a building officials whose primary duty is management is exempt from FLSA; and issues with the Fair Credit Reporting Act and the opinions of the Federal Trade Commission. | 03-11 | 1999 | 11 | v03n11nov1999.pdf |
| Today the Firehouse Lawyer considers some important case law interpreting the importance of response times and reasonable estimates for disclosing records under the Public Records Act; legislative clarification of the 207 (k) exemption under FLSA; another important case involving civil services commissions as they relate to collective bargaining; we also look at scoring criteria for veterans; and then we address certain questionable NFPA standards that may increase litigation. | 03-12 | 1999 | 12 | v03n12dec1999.pdf |
| This issue discusses a Washington Supreme Court case which extends the common law tort for wrongful discharge in violation of public policy to all employees, including union employees with protections within collective bargaining agreements; we also discuss amendments to the 207 (k) exemption under FLSA, which provides a partial overtime exemption for emergency workers such as police and firefighters. | 04-01 | 2000 | 1 | v04n01jan2000.pdf |
| This issue addresses FLSA rules for excluding sleep periods from overtime; whether an employee’s FLSA-exempt status may be destroyed by an employer making improper pay deductions; affirmative defenses an employer may raise to a claim of sexual harassment; and finally, some questions about residency requirements and uses by volunteers of their personal vehicles while conducting their official duties. | 04-02 | 2000 | 2 | v04n02feb2000.pdf |
| Today we undertake a comprehensive analysis of the defenses the employer may bring in an arbitration; we also consider a Washington court case declaring Initiative 695 invalid, a law that would have substantially modified the “lid lift” laws; a federal court case involving the compensatory time provisions of FLSA; and another federal court case addressing the issue of whether direct evidence of discriminatory intent is required to avoid judgment as a matter of law for the employer. | 04-03 | 2000 | 3 | v04n03mar2000.pdf |
| Here we consider a Washington court case involving the propriety of retroactive pay increases, and their implications under the Washington Constitution; the administrative exemption to the FLSA overtime laws; we then discuss on-call pay under FLSA. | 04-04 | 2000 | 4 | v04n04apr2000.pdf |
| Here we discuss a US Supreme Court case involving the Fair Labor Standards Act, and the relative rights and powers of employers and employees pertaining to the use of compensatory time; whether fire districts are free under the law to change their names to whatever the fire commissioners decide; the issue of securing an emergency scene to ensure highway safety without subjecting your fire department to liability for negligence; we also remind our readers that the FMLA only applies to private and public employers having 50 or more employees; and finally we talk about RCW 46.44, which contains a law involving the weight limits applicable to fire engines. | 04-05 | 2000 | 5 | v04n05may2000.pdf |
| Today we address a federal court case that determined that money paid for sick leave buy-back counts in the calculation of regular rate; we also discuss a sex-discrimination case related to two female firefighters (battalion chiefs) being denied adequate protective clothing and adequate bathroom and shower facilities; we then consider adverse employment actions against
an employee who exercises First Amendment rights, and much more.
| 06-05 | 2006 | 5 | v06n05may2006.pdf |
| Today we address two federal regulations implementing FLSA, 29 CFR 553.101 and 553.103, which essentially provide that a person
qualifies as a bona fide volunteer, and is thus exempt from overtime, if the person meets specific criteria. | 06-08 | 2006 | 8 | v06n08aug2006.pdf |
| We discuss various topics in this issue: FLSA implications with volunteers; the public disclosure commission and the use of public funds in campaigning; the Open Meetings Act and quorums; the Model Rules for the Public Records Act; and the Washington State Family Medical Leave Act: RCW 49.78. | 06-11 | 2006 | 11 | v06n11nov2006.pdf |
| We are in the process of updating our newsletter index. In the meantime, please enjoy this issue, published in 2008, about state auditor guidance on volunteers, problems that may arise when compensatory time is requested, and whether training time is compensable under the FLSA. | 08-04 | 2008 | 4 | v08n04apr2008.pdf |
| The DOL recently (this 2008) updated regulations regarding the "reasonable time" within which an employer may respond to a request for compensatory time; we also address contracts with independent contractors, changes in the unemployment-compensation rules, and a model policy on photos and videos at emergency scenes. | 08-09 | 2008 | 9 | v08n09sep2008.pdf |
| We look into some amendments to the ADA, particularly the definition of "qualified individual with a disability"; we also speak on the issue of paying compensatory time in lieu of overtime compensation, and developing model policies on photo and videos. | 08-10 | 2008 | 10 | v08n10oct2008.pdf |
| The Firehouse Lawyer knows the importance of avoiding liability: We now address the tort of wrongful discharge in violation of public policy, along with defamation claims arising out of workplace investigations; and then we talk about the payment of compensatory time in lieu of overtime compensation. | 08-11 | 2008 | 11 | v08n11nov2008.pdf |
| Today we discuss various claims brought under the Washington Law Against Discrimination, and we inquire into whether paramedics may be exempt under Section 207 (k) of the Fair Labor Standards Act. | 09-02 | 2009 | 2 | v09n02feb2009.pdf |
| The Firehouse Lawyer loves talking about the Fair Labor Standards Act, and today we discuss the U.S. Supreme Court declining to decide a case involving whether a paramedic was 207 (k)-exempt from the overtime rules; we also discuss "red flags" for identity theft and developing policies for responding to claims. | 09-04 | 2009 | 4 | v09n04apr2009.pdf |
| This article considers the implications of legislation under WLAD pertaining to sexual orientation, to what extent FLSA covers "off the clock" work, and the importance of job descriptions to setting forth the "essential functions of the job." | 09-11 | 2009 | 11 | v09n11nov2009.pdf |
| This issue involves the question of whether time spent by a firefighter when training or travelling may go toward overtime under the FLSA, and also involves some legislation pertaining to firefighter-immunity from liability when engaged outside of their districts, and the posting of meeting agendas on websites. | 10-02 | 2010 | 2 | v10n02feb2010.pdf |
| This article is a big one: We touch on the "brief explanation" requirement of the Public Records Act, calculating overtime pay, the burden of proof when claiming an occupational disease, and the burden of proof to show pretext by an employer under RCW 49.60. | 11-03 | 2013 | 12 | v11n03dec2013.pdf |
| This article concerns what bargaining units particular employees should belong to, or whether they should be included in a bargaining unit or not, depending on their status as a "confidential employee." | 13-01 | 2015 | 1 | v13n01jan2015.pdf |
| This issue discusses the importance of policies on recreational marijuana use, as it pertains to liability for negligence; we also discuss how overtime is calculated under FLSA in the event shifts are traded or employees substitute for one another; and finally, we consider a recent Washington Supreme Court case that has solidified the definition of "respiratory disease," as that pertains to injured firefighters. | 13-11 | 2015 | 11 | November2015FINAL.pdf |
| The lesson for today is that written evidence of a particular fact will generally be given greater weight than an assertion of an oral understanding: put it in writing; we also consider how a union requesting information is different than a public records request; finally, we discuss how certain impending changes to the overtime requirements may in fact be halted. | 14-11 | 2016 | 11 | November2016FINAL.pdf |
| This month, the Firehouse Lawyer sheds light on changes to the Fair Labor Standards Act, with respect to the "white collar" exemptions; changes to the post-incident investigation procedures of employers under the Occupational Safety and Health Act; notice to third parties of public records requests, and when that notice should be given and when not; a new electronic records law that affirmatively requires local agencies in Washington to adopt policies on electronic records; a court case involving standing to sue under the Open Public Meetings Act; and finally, we discuss our involvement in an important Washington Supreme Court case. | 14-8E | 2016 | 8 | August2016.pdf |
| Today we discuss a Washington Supreme Court case, in which the Court held that obesity is a protected "disability" under the Washington Law Against Discrimination; we also consider the "less than 20%" rule in the context of volunteer firefighting. | 17-07 | 2019 | 7 | July2019FINAL.pdf |
| Today we discuss the highlights of all of the 2019 issues of the Firehouse Lawyer. Happy New Year! | 17-12 | 2019 | 12 | December2019FINAL.pdf |
| Today we are discussing "on call pay" and promoting our upcoming Municipal Roundtable on the bid-law exceptions, taking place virtually on September 30 from 9-11 AM. Here is the link for that: https://us06web.zoom.us/j/81295328206?pwd=cWRVUUF5RGlCQXNyZS80c0E4aVU1Zz09
| 20-07 | 2022 | 7 | July2022FINAL.pdf |
| In this edition we discuss how the 103% lid bill did not yet pass, and provide a brief description of some FLSA exemptions and cooperative purchasing. | 21-04 | 2023 | 4 | April2023FINAL.pdf |
| Today we consider a court case involving the posting of an independent medical examination (IME) on social media, and we also discuss FLSA "work periods" and the GEMT program. | 22-08 | 2024 | 9 | August2024FINAL.pdf |
| Today we consider an important SCOTUS case involving the burden of proof in FLSA exemption cases; we also discuss FLSA sleep periods, and Washington cases involving data breaches and religious discrimination. | 22-11 | 2024 | 11 | November2024FINAL.pdf |