FLSA and NFA

[okshaw]

Our city attorney says we may have to pay a FF overtime for the entire time that they are gone to the National Fire Academy because of FLSA rules. That, of course, would preclude us from sending anyone. What is everyone else doing to get around that? Or is it simply wrong?

Thanks.

[ullrichk]

My understanding is that mandatory training requires payment of OT, where voluntary training does not. A labor contract might modify that, though.

I wouldn't advise you to go against your attorney, but perhaps he/she needs to give you a citation or basis for that opinion. Or why not go straight to the horse's mouth, so to speak, and ask the wage and hour people at the USDOL?

FWIW, my department classifies such training as ABT (approved business and training) and pays just like the individual was working their regular shift (8 or 24 hours, depending on position).

[ullrichk]

Another thought -

If you have a firefighter who REALLY wants to go, could they be given paid leave and go "on their own time"?

I promise I'm not advocating some beancounter's excuse to not pay OT, but I just got back from the NFA the first part of August, and it was a very worthwhile experience!