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Fire Law

Curt Varone

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Welcome to Fire Law – where we discuss the most important legal issues facing the American fire service!!! Join your host, Curt Varone, as we consider the often bizarre, at times humorous, but always challenging issues!
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A look back, a look ahead. We took January 1 off for the New Year’s Day holiday, so this First Thursday episode is posting on the second Thursday. We will be posting a bonus episode on the third Thursday (and you thought there were no more Christmas gifts coming). This episode will cover what Rick thinks were the three most important issues in publ…
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We here at LRIS would like to wish everyone a joyous and peaceful holiday season. Here’s what in store for this last First Thursday podcast of 2025: Upcoming seminars from LRIS (00:01:53) The cases: State ex rel. GateHouse Media Ohio Holdings II, Inc. v. Columbus Police Dept., Slip Opinion No. 2025-Ohio-5243 (00:05:02) Big Court Win for PA Firefigh…
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Richard Poulson interviews Memphis Police Association President Matt Cunningham about the recent deployment of national guard troops to his city. Cases: Labor Board Rules County Cannot Unilaterally Change Schedule, County of Gloucester, 51 NJPER ¶ 73 (2025) Illinois Labor Board Requires Production of Info Despite “Ongoing Related Litigation,” City …
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Rick and labor attorney Jessica Caggiano discuss what is and what isn’t protected speech by a public employee and in the age of social media. How has social media impacted how courts determine what speech is disruptive to the workplace? Rick and Jessica cover bedrock Supreme Court decisions as well as recent court cases that will be featured in the…
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Rick interviews former firefighter and firefighter union leader, Bob Brooks, about his bid to represent Pennsylvania’s 7th district in the congress. They discuss the importance of political involvement by public safety labor and management representatives from all backgrounds. 00:02:16 – What’s next from LRIS 00:05:03 – County Permitted To Assign P…
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Rick is joined again by labor attorney Jesse Bernstein to discuss the no tax on overtime provision from recent budget bill along with the usual roundup of cases. 00:01:15 – The latest from LRIS 00:03:17 – No tax on overtime Cases 00:14:57 – Police Association Counts As “Citizen” Under Citizen Complaint Scheme, Santa Ana Police Officers Association …
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This month, Rick is joined by Philadelphia labor attorney Jesse Bernstein. The two discuss the following cases: NY Court Precludes Cross Examination Of Police Officers On Civilian Review Board Findings, United States v. Clanton, 763 F. Supp. 3d 261 (E.D. N.Y. 2025). (00:03:36) Bologna v. Krasner, 2025 U.S. Dist. LEXIS 120185 (E.D. Pa. 2025). (00:24…
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FAQs 00:00:49 What are the limits on fitness for duty exams? What counts as protected union activity? Does a high test score entitle you to a promotion? What happens when a long-standing past practice conflicts with new (or old) contract language? What’s new with LRIS? 00:01:24 Cases Cook County CO WinsADA Remedy For Unlawful Fitness-For-Duty Exam,…
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0:01:32 What’s new with LRIS. 0:03:20 Seattle Officers Who Attended Jan 6 Rally Cannot Remain Anonymous, John Does 1, 2, 4, & 5 v. Seattle Police Dep’t, 2025 Wash. LEXIS 86 (2025). 0:15:24 Terminated Firefighter’s “Perceived Speech” Claim Triggers First Amendment Protect ions, Vargas v. City of Tracy, 2025 U.S. Dist. LEXIS 31591 (E.D. Cal. 2025). 0…
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Rick and economist Jeremy Crimmel discuss the nation’s economic outlook and what effects tariffs may have on inflation. Cases: State Court Confirms Louisiana Police Association’s Right to Engage in Political Activity, La. State Troopers Ass’n v. State Police Comm’n, 2025 La. App. LEXIS 135 (La. App. 1st Cir. Jan. 30, 2025). Bad Record Keeping Defen…
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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 survivor…
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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 exec…
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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 i…
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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…
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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.…
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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 investigatio…
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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 depart…
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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…
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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…
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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…
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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 rece…
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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 Servi…
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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 …
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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…
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