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"Two Hatters" question

I need to ask a question that I have been trying to do research on. I know this is a hot topic and I dont want to be mean but I do not want any opinions on this topic only because it will get ugly and my head is already going to explode on this topic after a week of debates. What I would like to know is has their ever been any court cases pro or con on "two hatters"? For those who don't know under the IAFF bylaws section 15 it states in short that paid firefighters can not volunteer or part time for another FD or EMS agency or PD. I am trying to find out as much about this as possible (legally) as I can. Any info any one may have concrete legally it would be vary appreciated.
Thank you and stay safe

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Permalink Reply by Larry Lasich on February 21, 2009 at 11:58am

Good deal on asking the question. I hope that it doesn't get you in trouble.
Pass anything interesting along.

Larry

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Permalink Reply by David Madsen on March 5, 2009 at 6:45pm

The Fair Labor Standards Act says that if a paid firefighter volunteers for the same organization, the organization must pay them the required over time. This only if the department has fewer than five paid employees. Hope this helps.

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Permalink Reply by Brandon Roark on March 5, 2009 at 7:38pm

I will try and keep personal opinion out of my following statement...but with no guarantee.

I am a "two hatter" (actually a "three hatter") and did a lot of research into this matter. The only action the IAFF can bring upon you is to bring you up on "charges"...which are handled at the local level.
Dave is correct about the FLSA.
There hasn’t been any legal president set regarding this matter (with the exception of the FLSA requirements)...there are some ethical concerns (i.e.: getting hurt while volunteering and then having that injury aggravated while working your FD job, thus having your employer pay workman's comp for an injury you obtained elsewhere), but just because something is unethical dosent make it illeagle.
Are you aware of the IAFC statement issued regarding this matter, and the IAFF rebuttal statement?

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