Former firefighters sue for overtime violations

Two former employees of Corpus Christi, Texas-based Refinery Terminal Fire recently filed a time and attendance lawsuit against the industrial fire group, according to the Corpus Christi Caller Times. The workers claimed that the company failed to pay them time-and-a-half for overtime hours of employee attendance, a violation of the Fair Labor Standards Act.

Joe Dale Martinez and Fidencio Lopez, Jr. - a senior level captain and a firefighter, respectively - also alleged that they were not compensated for being on call 24 hours a day and had been wrongly classified as exempt from wage and overtime regulations.

According to the plaintiffs' attorney, Craig Sico, both of the men should be eligible for overtime pay due to specific first responder provisions contained in the act, the news source reports.

The Fire Law Blog explains that the FLSA exempts firefighters from being paid overtime unless they are on the job for more than 53 hours a week, which works out to 212 hours in a period of 28 days.

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