Despite being classified as exempt workers, several employees of the Topeka Fire Department in Kansas have been paid thousands in overtime over the past several years,The Associated Press reported. In 2012 alone, the Kansas fire officials brought in a total of $145,338 in overtime payments for time and attendance work that surpassed 40 hours per week.
Under the Fair Labor Standards Act guidelines, the fire management officials can be classified as exempt employees, which would prevent them from being paid overtime. According to the FLSA, salaried managers such as the 11 battalion chiefs and shift commanders who bring in overtime are not mandated to receive extra compensation when working overtime.
Despite this exemption, the officials have been awarded overtime for years, making them some of the highest overtime earners employed by the city fire department. Topeka Human Resources Director Jaque Russell raised concerns about the validity of the overtime payments.
"We as an organization allow them to receive overtime compensation," Russell said, according to The AP. "However, based on their duties and responsibilities, under FLSA they certainly meet the test for being exempt for overtime."
Russell went on to say the fire officials have been bringing in overtime payments for at least six years.
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