FLSA firefighter regulation cannot include union, judge says

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Law360 (March 8, 2021, 4:49 p.m. EST) – A California fire department still cannot settle with a collective draft of firefighters who claimed to have run out of overtime, after a federal judge refused to approve their deal because it included a union and employees who had not joined the lawsuit.

In an order issued Friday, U.S. District Judge James Lorenz dismissed a joint petition for approval of a settlement between firefighters and the Borrego Springs Fire Protection District in Borrego Springs, California. Only employees who agree to join an action can bring a complaint under the Fair Labor Standards Act, and a union cannot participate in a class action, the judge …

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