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‘CPA is in compliance with FLSA’
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Posted on Apr 03 2023
The Commonwealth Ports Authority is shooting down allegations of the CPA transition committee, which claims that the agency is not in compliance with the Fair Labor Standards Act when it comes to its firefighters at the Aircraft Rescue and Fire Fighting unit.
In comments made by CPA’s management in response to transition team member Cody Norita report alleging that CPA’s violation of the FLSA rules on overtime, it stated that CPA is in compliance with the FLSA and that rules that apply to state governments do not apply at the local level.
Norita previously stated in his transition report that airport firefighters currently work up to 96 hours per pay period, contrary to the FLSA rule that says firefighters must work 106 hours in a 14-day work period.
CPA claims this is not true for local governments. “FLSA does no require that local governments schedule firefighters to work 106 hours per 14-day pay period. Rather, the FLSA requires overtime compensation for all hours worked over 106 hours. Since the late 1990s, ARFF firefighters have worked or been scheduled to work 96 hours per pay period,” said CPA.
Norita also stated on his report that airport firefighters are being forced to take leave instead of ARFF paying these first responders for overtime.
“ARFF firefighters are paid compensatory time instead of overtime for work done in excess of 106 hours and are being forced to take leave to use up that comp time instead of paying it out after two pay period,” said Norita.
The CPA management team says this is also untrue and that ARFF chain of command has never forced anyone to take a leave.
“ARFF firefighters are paid compensatory time in lieu of overtime wages at a rate of 1.5 hours. ARFF firefighters agree to CPAs compensatory time-off policy upon employment,” said CPA.
“CPA is in compliance with FLSA comp-time rules. It is not in violation of the FLSA for ARFF firefighters to be paid comp-time in lieu of overtime wages. CPA’s ARFF chief reports that he has never forced anyone to take leave to use comp-time hours,” CPA added.
