Fire Law Forum with Legal Experts

This group is dedicated to giving general answers to your legal questions. The forum is hosted by experts in fire service law throughout the nation. Attorneys will respond to issues posted on this site.
  • 24-48 w/ 3 day and 6 day vacay question.

    Hey Guys,  My department has run into a few problems lately with how the brass is treating us. We have a question that maybe some of you can shed light on.  We work a 48 hour week schedule and don't get paid overtime for any hours until they hit 53 hrs +, which is what FLSA labor laws state, but to…

    By Brandon Lane

    0
  • Restricted from working based on BMI

    The chief wants to restrict people from working based on body mass index >40. Is this legal or is weight a protected class by the ADA ?

    By Mike Lynn

    0
  • Evaluating Firefighter Performance

    While I have had to formally evaluate people since I was first promoted, the importance of the process (or maybe the potential importance) never really hit me until I became a Battalion Chief.  Now I think a lot more about developing personnel at all levels, and I am always looking for tools to…

    By Ryland Kendrick

    0
  • Expectation of privacy? Search warrents needed?

    Three crew members from different shifts share a bunk room and store their personal and work stuff in them.  One of the members falls under suspicion and the civilian head of the fire Dept.along with the ranking shift Officer tosses the room. Did the other members need to be notified and/or present…

    By Larry Lasich

    1
  • Fire Departments and Control of Social Network sites

    My fire department recently adopted a policy that appears to restrict all use of the District and Department names in any way on the internet (copy of policy with names redacted follows).  This was done in an apparent response to a member who created an unofficial facebook page under the…

    By John Lottes

    8
  • What happens when...

    you are asked to provide a document or presentation that describes the services and capabilities of your department to an insurance company? Are you exposing your department and the persons who provide the information to liability through an expectation to perform to a certain standard?How should…

    By Larry Lasich

    1
  • Non Union Departments

    How do non union departments protect the firefighters from dismissal?Todd McKee

    By Todd McKee

    5
  • Photos on web sites

    Fire departments are increasingly posting photos (and videos) of fires, auto accidents and other significant (or interesting) incidents. Likewise, with the explosion of various social media outlets and small digital cameras, individual department members are posting photos to Facebook, Twitter and…

    By Steve Blackistone

    0
  • suspensions without due process

    Brad,What is the legal status of a suspension for doing your job as an officer according to policy and not being allowed to tell your side of the story until after the charges and verdict have been rendered against you. Then given the the oportunity to explain your side and told nothing changes…

    By Dennis E Sampson

    7
  • NFPA Standards and their legal powers

    I am looking for opinions as to the true legal application of NFPA standards. Can they be used with the power of law? do they truly provide a case towards negligence if not adhered to? I have heard conflicting opinions and wanted to see how others look at the issue.

    By Barry Aptt

    4