Legal

Ohio Jury Returns Split Verdict in Toledo Sex Discrimination Case

Firelawblog.com - 2 hours 24 min ago
An Ohio jury ruled today that one of two female Toledo firefighters involved in a lawsuit that stretches back over a decade, was discriminated against. The suit dates back to 2005, when Carla Stachura, Judi Imhoff and Geraldine McCalland, filed suit claiming they were subjected to gender discrimination, a hostile work environment, and retaliation.
Categories: Legal

Red Light Collision Caused By Responding Volunteer Results in $4.6 Million Settlement

Firelawblog.com - Tue, 10/15/2019 - 18:49
A New Jersey woman who suffered catastrophic injures when her vehicle was struck by a car driven by a volunteer firefighter responding to an alarm will receive a settlement of $4.6 million. Melinda Baker suffered fourteen fractures to her legs, neck, arms and ribs requiring multiple surgeries.
Categories: Legal

Suit Claims FDNY Blamed Boiler for Movie Set LODD Fire To Protect Hollywood

Firelawblog.com - Mon, 10/14/2019 - 18:23
An FDNY fire marshal who was removed from an investigation into the cause of a fire on the set of a Bruce Willis movie that killed a firefighter, has filed suit against the city and two of his bosses. Scott P. Specht filed suit last week naming the city, Chief Fire Marshal Thomas Kane, and Assistant CFM John David Lynn.
Categories: Legal

City Suspends Assistant Chief For Outrageous Remarks

Firelawblog.com - Sun, 10/13/2019 - 17:25
An assistant chief with the Mount Vernon (NY) Fire Department has been suspended after a profanity-laden audio recording of him speaking with a fire lieutenant surfaced. Al-Farid Salahuddin was suspended without pay, and Mayor Andre Wallace was quoted by News 12 as saying he was “disgusted” after listening to it.
Categories: Legal

Today’s Burning Question: Am I being Cheated Out of Overtime?

Firelawblog.com - Thu, 10/10/2019 - 19:34
Today’s burning question: My department pays us on a 14-day cycle. However, we work a 53-hour work week. For some reason, our department does not pay us overtime until we reach the 106-hour mark in the 2-week period. If we are on a 53-hour work week, why are we not paid overtime after we reach 53-hours in the week.
Categories: Legal

Fire Law Headlines: Idaho, New York, and Nebraska

Firelawblog.com - Wed, 10/09/2019 - 20:02
Several cases are in the fire law news today. In Idaho, an assistant chief who was fired last April has filed suit in federal court claiming his termination violated his due process rights, was made in bad faith, and was done in retaliation for his speaking out about governmental improprieties.
Categories: Legal

Burning Question on What To Do If A Subordinate or Coworker Sues

Firelawblog.com - Tue, 10/08/2019 - 19:18
Today’s burning question: One of my subordinates filed a sex discrimination lawsuit against the fire department, the fire chief, the deputy chief and 75 John Does. Many members don’t want to work with her and are concerned about being formally named in the lawsuit. Can the city put her on paid leave pending the results of an investigation? Is there any case law that you can think of off the top of your head?
Categories: Legal

Eleventh Circuit Denies Chief’s Race Discrimination Claim

Firelawblog.com - Mon, 10/07/2019 - 18:04
The 11th Circuit has denied the appeal of a Georgia fire chief who claims his application to become the fire chief of the City of Americus was rejected on account of his race and because he previously sued his former employer for race discrimination.
Categories: Legal

Alabama Chief Sues For Constructive Termination, Retaliation, and Denial of Benefits

Firelawblog.com - Sun, 10/06/2019 - 14:14
Former Selma Fire Chief Toney D. Stephens has filed suit claiming that Mayor Darrio Melton made his working conditions so intolerable that he was left with no alternative but to resign in April, 2019. Chief Stephens alleges Mayor Melton retaliated against him because of his protected political activities.
Categories: Legal

Fire Law VLOG on Compensation Issues for Volunteer and Part Time Firefighters under the FLSA

Firelawblog.com - Thu, 10/03/2019 - 17:17
Today’s Fire Law VLOG episode addresses two common questions that relate to the compensation of volunteer and part-time firefighters under the Fair Labor Standards Act.
Categories: Legal

Ohio Court Rules Cause and Origin Report is a Public Record But Subject to Redaction

Firelawblog.com - Wed, 10/02/2019 - 18:51
The Ohio Court of Appeals has ruled that the state fire marshal should have release a redacted version of an investigative report into the cause and origin of a fire that killed a firefighter in 2015 to The Cincinnati Enquirer in Dec. 2016. Hamilton firefighter Patrick Wolterman died fighting a house fire on Dec. 28, 2015.
Categories: Legal

Pennsylvania Trooper and Fire Lieutenant Go At It In The Latest Round of Police-Fire Wars

Firelawblog.com - Tue, 10/01/2019 - 21:06
An altercation between a Pennsylvania fire lieutenant and a state trooper at the scene of an accident on Sunday led to a brief detention of the lieutenant, but no criminal charges as of yet. Lt. Mike Naylor of the Goodwill Fire Co. from York Township was handcuffed but later released following a disagreement over the breaking of glass to access the passenger compartment of a crashed vehicle.
Categories: Legal

Tennessee Captain Alleges Race Discrimination in Forced Retirement

Firelawblog.com - Mon, 09/30/2019 - 21:45
An African American fire captain who resigned earlier this year after being disciplined twice for missing runs, has filed a race discrimination and retaliation suit against the City of Murfreesboro, Tennessee. Captain Theodore Pertiller, a 30 year veteran, filed suit last week in federal court.
Categories: Legal

Suit By Chicago Firefighter Assaulted By Officer To Continue

Firelawblog.com - Sun, 09/29/2019 - 12:41
A Chicago firefighter who claims he was punched by his lieutenant and knocked unconscious at a post-incident review last year, has survived a motion to dismiss his federal court case. John Copeland filed suit last year against Lt. Leonard Johnson and the City of Chicago for a violation of his civil rights and several state law counts.
Categories: Legal

Shift Captains and Administrative Captains Working Overtime

Firelawblog.com - Thu, 09/26/2019 - 22:20
Today’s burning question: We have both shift captains (24 hours-on, 48 hours-off) and administrative captains (8 hour days – 5 days a week). Both are considered to be non-exempt (eligible for overtime). Why can't the department allow the administrative captains to work OT on shifts?
Categories: Legal

Federal Court Rules Against Cincinnati Captain Over TV Channel Dispute

Firelawblog.com - Wed, 09/25/2019 - 14:08
A US District Court has granted the City of Cincinnati’s motion for judgment on the pleadings in a case brought by a fire captain who claimed he was the victim of sexual harassment and retaliation after he complained to a district chief about a “film” firefighters were watching on the station television.
Categories: Legal

Reporters Raise Questions About Firefighter Accused of Assaulting Patient

Firelawblog.com - Tue, 09/24/2019 - 20:33
A Washington state firefighter/EMT is facing assault charges stemming from an incident in April 2017 at Good Samaritan Hospital in Puyallup. Sean Clayton is charged with a single misdemeanor count of assault in the fourth degree. Clayton is with Central Pierce Fire and Rescue.
Categories: Legal

Firefighter Claims His Hometown Mayor Pressured His Fire Chief and Others Over Political Signs

Firelawblog.com - Mon, 09/23/2019 - 19:24
A firefighter for the City of Rocky River, Ohio who lives in the City of Olmsted Falls, has filed suit against the mayor of Olmsted Falls accusing him of violating his free speech rights by trying to get him to remove a political sign from his yard. Scott Solarz filed suit against Olmsted Falls Mayor James Graven earlier this month.
Categories: Legal

Firefighter Accuses Colleagues of Creating Hostile Work Environment Over His Obesity

Firelawblog.com - Sun, 09/22/2019 - 19:01
A morbidly obese firefighter from Long Island has filed suit claiming his colleagues created a hostile work environment that violated federal and state disability discrimination laws. John Munro claims that the Hauppaugue Fire Department and the Hauppaugue Fire District violated the American with Disabilities Act and the New York State Human Rights Law by failing to stop “brutal and persistent ridicule and harassment” related to his weight.
Categories: Legal

Florida Captains Sue Under the FLSA

Firelawblog.com - Thu, 09/19/2019 - 20:37
Sixteen captains in Marion County, Florida who are being treated as exempt executives under the Fair Labor Standards Act have filed suit in US District Court for the Middle District of Florida claiming they should be treated as non-exempt employees entitled to overtime.
Categories: Legal

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