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Flsa Podcasts
A monthly podcast from LRIS that provides in-depth coverage of trends in public sector labor relations.
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Welcome to Nick's S.S Podcast!
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Audio Programs For Municipal Finance Professionals
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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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First Thursday, January 2026, Part 1
1:02:58
1:02:58
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1:02:58A 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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Episode 38: Burn Litigation and the Firefighter's Rule
41:51
41:51
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41:51In 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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Fire Law Podcast #37: Fire Officers and Overtime
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37:30In 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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Fire Law Episode 36 - FLSA OT for Firefighter Assigned to EMS
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31:12
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31:12In 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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Episode 35 - Michigan Mistaken Death Pronouncement Suit
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38:21
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38:21In 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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Fire Law Podcast #34 Disciplinary Challenges with Nicol Juratovac
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49:13
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49:13In 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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Fire Law Podcast #33 - CARES Act Stimulus and EMS Billing
23:04
23:04
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23:04In this episode of Fire Law VLOG and Fire Law Podcast, Curt and attorney Kevin Fairlie discuss the recent action by the federal government to deposit funds in the bank accounts of fire departments that bill for EMS. The deposit has certain strings attached, which fire chiefs need to understand.
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In this episode, Curt and Bill Maccarone discuss the legal implication of the Corona Virus COVID-19 quarantine on fire departments and firefighters. Quarantine raises questions associated with sick leave, work-time, overtime, and workers compensation and all are discussed in the podcast.By Curt Varone
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How Do California Pensions Measure Up Nationally__webinar [see Agenda for presentation materials and polling results] - Feb 25, 2020
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Podcast 31: Q & A on EMS Billing and Medicare Medicaid Fraud
37:10
37:10
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37:10In 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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Podcast 30: EMS Billing and Medicare Medicaid Fraud
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30:15
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30:15In 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 this episode, Curt and Bill Maccarone expound on Curt's January, 2020 article in Firehouse Magazine addressing the most common ways that fire departments are being sued for overtime violations.
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Podcast #28: Survey of Our Biggest Liabilities
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26:44
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26:44In 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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Giving Voice to Values: A New Approach to Ethics [see Agenda for presentation materials and polling results] - Dec 04, 2019
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Best Practices in Investment Reporting [see Agenda for presentation materials and polling results] - Nov 13, 2019
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Making the FLSA Work for You! [see Agenda for presentation materials and polling results] - Oct 30, 2019
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Interpreting and Communicating the New CalPERS Actuarial Report [see Agenda for presentation materials and polling results] - Sep 11, 2019
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Podcast # 27: Compensation for EMS Training Time
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37:54
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37:54In 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.…
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Reserves: How Much Is Enough? A Risk Aware Approach [see Agenda packet for presentation materials and polling results and resources] - Aug 01, 2019
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GASB Update: The Big Three [see Agenda packet for presentation materials and polling results] - Jun 20, 2019
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Congratulations, You Are the New Finance Director! Now What? -- [see Agenda packet for presentation materials, resources, and polling results] - May 15, 2019
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Episode 26 Tucson $3.8 Million Verdict Over Nursing Mothers Act Violations
33:07
33:07
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33:07In 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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Accounting and Reporting for Debt -- [see Agenda packet for presentation materials, resources, and polling results] - Apr 03, 2019
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Strategies to Manage Increasing Pension Costs -- [see Agenda packet for presentation materials, resources, and polling results] - Mar 14, 2019
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Nick and Nick Talk about the FLSA and FDR's new deal
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Clearing Away the Clouds--Where to host your programs and data -- [see Agenda packet for presentation materials, resources, and polling results] - Feb 21, 2019
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A pros and cons list of the Federal Labor Standards Act.
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Qualifying and Paying Independent Contractors and Temps - [see Agenda packet for presentation materials, resources, and polling results] - Dec 19, 2018
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California's Economic Outlook -- How to Plan for It in Your Budgets, Oct. 31, 2018 [see Agenda packet for presentation materials and polling results] - Oct 31, 2018
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Taking Charge at Every Level - webinar [see Agenda packet for presentation materials, resources, and polling results] - Aug 15, 2018
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Fire Law Episode 25: Illinois Fire Protection District Files Opioid Lawsuit
27:06
27:06
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27:06The Orland Park Fire Protection District joined 13 Illinois communities in filing suit against drug manufacturers and distributors over the opioid epidemic. In this episode, Curt discusses the suit with attorney Ari Scharg, who represents Orland Park.By Curt Varone
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Raging Storm: Funding Storm Water Needs [Agenda includes presentation materials and polling results] - May 17, 2018
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Episode 24: Pink Collar Theft In The Fire Service
27:42
27:42
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27:42In this episode, Curt discusses a little known problem, Pink Collar Crime, with Kelly Paxton. Kelly runs the web site pinkcollarfraud.com and is helping to debunk the myths that many of us hold about fire service embezzlement.By Curt Varone
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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.
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Podcast 22: Hazing, Pranks and Bullying in the Fire Service
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38:51
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38:51In 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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Podcast 21: Prince George's County Fireground Altercation Case – The Lawyer's Edition
1:04:29
1:04:29
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1:04:29In 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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Podcast 20: Prince George's County Fireground Altercation Case
1:00:33
1:00:33
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1:00:33In this episode, Curt discusses the recent acquittal of two Prince George's County volunteer firefighters with Attorney Brian Bregman. Brian represented one of the firefighters accused of assaulting two female career firefighters at the scene of a structure fire in 2015.
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Podcast 19: Dealing with the Toxic Employee
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34:56
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34:56In 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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Fire Law Podcast 18 - Cyberbullying in the Fire Service
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38:12
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38:12In this episode Curt and retired Battalion Chief John Cagno discuss cyberbullying in the fire service. The discussion ranges from legal considerations to leadership responsibilities.
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Fire Law Podcast 17: FLSA Overtime, Officers and the First Responder Regulations
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22:52
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22:52Are 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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Fire Law Podcast Episode 16: White Collar and Small Fire Department Exemptions
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30:39
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30:39In 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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