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- 38 - Episode 38: Burn Litigation and the Firefighter’s Rule
In this episode, Curt and attorney Paul Samakow discuss the Firefighter’s Rule, and in particular the challenges of recovering damages for burn injuries.
Paul is a nationally known advocate for burn survivors and their families. He has a national practice representing burn survivors. Paul is the author of a book about compensation for burn survivors – Twice Burned – which, along with a paper he has written – A Handbook for the Caregivers of Burn Survivors, which talks about compassion fatigue – is available for free.
Paul also is the creator of National Burn Prevention Day (www.nationalburnpreventionday.org) which is coming up on May 19th.
Mon, 03 May 2021 - 41min - 37 - Fire Law Podcast #37: Fire Officers and Overtime
In this episode, Curt and Bill Maccarone discuss the recent decision by the US Fourth Circuit Court of Appeals in the case of Emmons v. City of Chesapeake on the issue of whether battalion chiefs are eligible for overtime, or exempt executives.
Copies of the supplemental materials discussed including a copy of the Emmons ruling (BCs are exempt executives), a copy of Morrison v. Fairfax County (captains entitled to overtime), and the First Responder Regulations, and available at: http://www.firelawblog.com/2020/12/08/fire-officers-and-overtime-emmons-v-chesapeake/
Tue, 08 Dec 2020 - 37min - 36 - Fire Law Episode 36 - FLSA OT for Firefighter Assigned to EMS
In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at Dallas Fort Worth International Airport assigned to EMS do not qualify for the 207k exemption. Why is that a big deal?
Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!
Here is the 203y definition discussed:
29 USC §203 (y) “Employee in fire protection activities” means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who—
(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and
(2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.
Tue, 03 Nov 2020 - 31min - 35 - Episode 35 - Michigan Mistaken Death Pronouncement Suit
In this episode, Curt and Attorney Kali Henderson discuss the suit she just filed on behalf of four Southfield firefighters who were disciplined by the Michigan Department of Health and Human Services and the Oakland County Medical Control Authority, after a patient was declared dead, released to a funeral home, and found to be alive hours later by funeral home staff preparing to embalm her.
Sun, 13 Sep 2020 - 38min - 34 - Fire Law Podcast #34 Disciplinary Challenges with Nicol Juratovac
In this episode, Curt discusses fire service disciplinary challenges with Assist Chief Nicol Juratovac. Nicol, an EFO grad with a law degree, is a 23-year veteran of the San Francisco Fire Department. Listen as they discuss fire departments who weaponize their disciplinary process, and well as the issue of double jeopardy for disciplinary matters.
Fri, 03 Jul 2020 - 49min - 33 - Fire Law Podcast #33 - CARES Act Stimulus and EMS BillingFri, 01 May 2020 - 23min
- 32 - Fire Law Episode 32: Corona VirusTue, 03 Mar 2020 - 31min
- 31 - Podcast 31: Q & A on EMS Billing and Medicare Medicaid Fraud
In this episode, Curt follows up a podcast from last month with attorney Kevin Fairlie to address some questions that listeners submitted about the challenges associated with fire departments who bill Medicare and Medicaid for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into fire department EMS billing practices has led to a shift toward representing fire departments.
Wed, 05 Feb 2020 - 37min - 30 - Podcast 30: EMS Billing and Medicare Medicaid Fraud
In today’s episode, Curt talks with attorney Kevin Fairlie about the challenges facing fire departments who bill for EMS transports. Kevin’s law practice concentrates on health care related topics, but a recent spate of federal investigations across the country into fire department EMS billing practices has led him to represent numerous fire departments. If your fire department bills for EMS, you need to listen to this podcast.
Fri, 10 Jan 2020 - 30min - 29 - Podcast 29 Firefighter Overtime LawsuitsSun, 05 Jan 2020 - 30min
- 28 - Podcast #28: Survey of Our Biggest Liabilities
In today’s episode, Curt discusses the results of a survey of legal proceedings in fire departments with firefighter-attorney Bill Maccarone. The raw data from the survey is provided on Fire law Blog. My recommendation is that you view the data while listening to the podcast, as during the podcast we do not mention all of the actual numbers. If you have the data in front of you the discussion will make a lot more sense.
Tue, 24 Dec 2019 - 26min - 27 - Podcast # 27: Compensation for EMS Training Time
In this episode, Curt discusses an FLSA lawsuit filed by a Memphis firefighter, Jon Misewicz, over the issue of whether firefighters had to be compensated for attending mandatory paramedic training. Misewizc v. City of Memphis is the definitive ruling on the compensability of EMS training time for firefighters.
Thu, 22 Aug 2019 - 37min - 26 - Episode 26 Tucson $3.8 Million Verdict Over Nursing Mothers Act Violations
In this episode, Curt and Tucson attorney Jeff Jacobson discuss the case of Tucson Firefighter-Paramedic Carrie Clark. On April 12, 2019 a federal court jury awarded Clark $3.8 million for gender discrimination and retaliation, and violations of the Nursing Mothers Act (which is a part of the Fair Labor Standards Act) and FLSA retaliation. Jeff was Clark’s attorney.
Sun, 21 Apr 2019 - 33min - 25 - Fire Law Episode 25: Illinois Fire Protection District Files Opioid LawsuitSat, 21 Jul 2018 - 27min
- 24 - Episode 24: Pink Collar Theft In The Fire ServiceThu, 11 Jan 2018 - 27min
- 23 - Podcast 23: Drone Law Update
In this episode, Curt discusses drone law with Dr. Thomas Abbott and Civil Air Patrol Commander Daniel Leclair from the University of Maine’s Unmanned Aircraft Systems program. Tom is the director of the university’s Unmanned Aircraft Systems program and Dan is one of the instructors in the program.
Tue, 27 Jun 2017 - 28min - 22 - Podcast 22: Hazing, Pranks and Bullying in the Fire Service
In this episode, Curt and Linda Willing discuss the cultural and legal challenges associated with hazing, pranks and bullying in the fire service. Linda is a retired fire officer from the Boulder (CO) Fire Department, and is now a noted author, columnist and lecturer. She is the author of On the Line: Women Firefighters Tell Their Stories, and is a monthly columnist for FireRescue1 and Fire Chief.
Mon, 26 Jun 2017 - 38min - 21 - Podcast 21: Prince George’s County Fireground Altercation Case – The Lawyer’s Edition
In this episode, Curt and attorney Brian Bregman discuss the complicated legal issues associated with disciplinary investigations where the accused firefighters are potentially subject to criminal liability – and may have a 5th Amendment Right to remain silent.
Brian represented one of two Prince George’s County volunteer firefighters who were recently acquitted of assaulting two female career firefighters at the scene of a structure fire in 2015. In the case important Garrity issues arose in terms of whether the volunteers could be compelled to answer questions, thereby giving up their 5th Amendment Right to remain silent. The question also arose as to whether the county or the members’ volunteer fire company was legally able to compel the answers.
Fri, 02 Jun 2017 - 1h 04min - 20 - Podcast 20: Prince George’s County Fireground Altercation CaseMon, 22 May 2017 - 1h 00min
- 19 - Podcast 19: Dealing with the Toxic Employee
In this episode, Curt and attorney Matt Dolan discuss the leadership challenge of dealing with the toxic employee. Approximately 60 percent of fire service litigation are HR-types of suits, and many of those lawsuits involve the 1% who make everyone’s lives more difficult: the toxic employee.
Curt and Matt will be presenting a program on Fire Service Leadership in Grand Rapids, Michigan on May 15-16, 2017. Click here for more details.
Fri, 21 Apr 2017 - 34min - 18 - Fire Law Podcast 18 - Cyberbullying in the Fire ServiceThu, 23 Mar 2017 - 38min
- 17 - Fire Law Podcast 17: FLSA Overtime, Officers and the First Responder Regulations
Are fire officers eligible for overtime? Does rank matter? In this episode Curt and Bill Maccarone discuss overtime issues associated with fire officers. Many fire departments consider some or all of their officers to be exempt from the overtime requirements of the FLSA under the “white collar” exemption. Court cases between 1985 and 2003 were all over the board. In 2004, the US Department of Labor implemented the First Responder Regulations in an effort to clarify the difficult issues.
Mon, 20 Mar 2017 - 22min - 16 - Fire Law Podcast Episode 16: White Collar and Small Fire Department Exemptions
In this episode, Curt and Bill Maccarone continue their discussion about FLSA overtime issues in the fire service with an introduction to the so-called white-collar exemptions that allow employees classified as executives, administrative or professionals to be exempt from minimum wage and maximum hours requirements. Also discussed is the small fire department exemption.
This is the fourth in a series of podcasts about how the FLSA impacts the fire service.
Thu, 09 Mar 2017 - 30min - 15 - Fire Law Podcast Episode 15
In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.
Mon, 27 Feb 2017 - 31min - 14 - Fire Law Podcast Episode 14
In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of the 207k partial exemption. The 207k, or 7k, exemption extends the maximum hours for firefighters from 40 to 53 hours per week and extends the 7 day work week to a possible 28 day work period.
Tue, 21 Feb 2017 - 33min - 13 - Fire Law Episode 13Fri, 17 Feb 2017 - 29min
- 12 - Fire Law Episode 12 - Vallejo Firefighter Awarded $2.3 Million
In this episode, Curt talks with Oakland attorney Leslie Levy about the $2.3 million verdict she won on behalf of former Vallejo firefighter Todd Milan. Milan was terminated from the Vallejo Fire Department in November, 2012. His problems began on September 29, 2011 at the scene of a mobile home fire that claimed the life of a disabled man. Milan claims he was ordered to force entry by a battalion chief, and upon entering found himself alone because his officer apparently forgot his gloves on the apparatus. Milan sustained second and third degree burns trying to effect the rescue but was “forced to leave the structure without removing the victim from the structure, because the fire intensified to extremely high temperatures presenting imminent threat of death.”
Mon, 28 Mar 2016 - 30min - 11 - Podcast Episode 11 – Florida Firefighter Prevails in Cancer Related Disability Case
In this episode of Fire Law, Curt and Florida firefighter-attorney Mike Clelland discuss Mike’s recent victory for an Orlando firefighter who was seeking a cancer-related disability pension. Mike, a 26 year fire service veteran and former state legislator, now practices with the law firm of Morgan & Morgan.
Fri, 01 Jan 2016 - 15min - 10 - Podcast Episode 10 - Firefight: The Century-Long Battle to Integrate New York's Bravest
In this episode of Fire Law, Curt interviews Ginger Adams Otis, the author of Firefight: The Century-Long Battle to Integrate New York's Bravest. Ginger is a writer at the NY Daily News and previously worked at the NY Post. She started covering NY City Hall and the FDNY when she worked for The Chief-Leader. She's been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as Jane and Ms.
The interview covers her reasons for writing the book, her research and her conclusions about racial issues in the FDNY.
Fri, 04 Dec 2015 - 34min - 9 - Fire Law Podcast Episode No. 9 – Firefighter OvertimeFri, 18 Sep 2015 - 29min
- 8 - Fire Law - Episode 8 - FDNY Disability Pension Settles Discrimination Suit
In this edition of Fire Law, Curt discusses the controversial settlement of an FDNY discrimination suit with Attorney Peter J. Gleason, himself a retired FDNY firefighter. Peter represented FDNY firefighter Kevin Simpkins who was awarded a disability pension earlier this year. The settlement made for sensational headlines. Consider the following from the NY Post on may 22, 2015:
He’s had a much better run in court than battling fires.
Twelve-year FDNY firefighter Kevin Simpkins — the public face for a racial-discrimination class action by minority firefighters the city settled for $98 million — has won another jackpot from the de Blasio administration.
Under a settlement finalized with the city and filed in Brooklyn federal court on Wednesday, the litigious firefighter will retire at a 75 percent disability pension.
Let’s go beyond the headlines.
Mon, 17 Aug 2015 - 33min - 7 - Fire Law - Episode 7 - Duty to Act
In this episode, Curt explores the connection between the law relating to duty to act and real life in a discussion with Fire Commissioner Dave Phillips, from the Washingtonville Fire District in New York. Commissioner Phillips suffered a heart attack and was brought back to life through the valiant efforts of his son, an FDNY firefighter, and a local EMS unit.
Sun, 19 Jul 2015 - 16min - 6 - Fire Law Episode 6 - Product Liability Suits Over Fire Helmets
In this episode of Fire Law, attorney Jim Magazine discusses the five lawsuits he has filed over neck injuries to firefighters from the Cairns 1044 Helmet. The product liability suits were filed in Florida state court against MSA, the parent company for Cairns. The suits claim the helmets are defectively designed.
Fri, 20 Mar 2015 - 13min - 5 - Fire Law - Episode 5 Interview with Nick DeLia
Rialto, California firefighter Nick DeLia brought a 42 U.S.C. § 1983 action in US District Court against the City of Rialto, the City of Rialto Fire Department, and several city officials after he was ordered to go into his personal residence and bring two rolls of fiberglass insulation out, in violation of the 4th Amendment. The case went to the US Supreme Court, and in this podcast Nick explains what happened and how the case turned out.
Wed, 04 Mar 2015 - 40min - 4 - Fire Law - Episode 4 DC Battalion Chief’s Demotion Reversed
In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler review the facts, the law and the politics behind the scene in the Nation’s Capitol.
Fri, 06 Feb 2015 - 37min - 3 - Fire Law Podcast - Episode 3: California Police Fire WarsTue, 24 Jun 2014 - 27min
- 2 - Episode 2 - Kentucky Ambulance Sued For Sexual MisconductSat, 14 Jun 2014 - 19min
- 1 - Fire Law - Episode 1Sat, 10 May 2014 - 22min
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