Fire Captains in Virginia Wrongly Identified as Exempt from OT Pay

In the case of Morrison v. County of Fairfax, a group of fire captains, employed by Fairfax County (Fairfax), alleged that they were entitled to overtime pay. The captains argued that they were not exempt from overtime because they did not meet the Fair Labor Standards Act (FLSA)’s definition of an exempt employee.

The district court initially ruled in favor of the County, finding that the fire captains were exempt from the FLSA’s overtime requirements. However, the Fourth Circuit Court of Appeals reversed the district court’s decision, finding that the fire captains were not exempt from the FLSA’s overtime requirements.

The settlement details of this case were not made publicly available. However, it is known that Fairfax agreed to change its policies to ensure that all fire captains are paid overtime for all the hours they work more than 40 per week.

Key lessons from this case:
  • Fire captains are not exempt from receiving overtime pay under the FLSA.
  • This case highlights the importance of proactive policy changes to ensure ongoing compliance with overtime laws.
  • It is important to properly understand FLSA policies when hiring employees to avoid disputes caused by unpaid overtime.

If you want to know more about overtime regulations, read our guide on Virginia Overtime Laws.

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