So is there any way around the FSLA issue that says that members of combination departments can't volunteer for thier employer?
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The Chief that lets this happen needs his head checked. If the department is reported they will have to pay the back overtime to the member. This is a bad idea from any angle. FLSA is to protect the worker from this type of action. It is a good law and I think it should stay the way it is.
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Henry C. Hoffman Jr.
[This message has been edited by HHoffman (edited 06-09-2001).]
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Volunteering for what? Firefighting, no you can't. (same job) Pub. ed, training, cpr, FPB, you probably can. Have your attorney look into it. In Illinois a group of firfighters tried to get back wages claiming that when they were in the FPB the ancillary wages they earned should have been at time and a half of their salery.
The courts ruled that the FPB was a separate job and wasn't eligible for the OT.
Theirfore FSLA doesn't apply to those ancillary jobs. It is just like a side job.
Check with your lawyer first
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Different depts around me have handled FLSA laws differently. Some ignore them, some skirt the issue by changing up the job descriptions for their duty crew folks who also volunteer. My dept will not hire me on their duty crew so long as I am a volunteer. Fine. As much as I would like to work for the same organization I already volunteer for, I just found a duty crew job at a neighboring dept.These are my opinions and not those of the organizations for which I work and/or volunteer.
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