Court Finds Volunteer Firefighters to be “Employees” for the Purpose of Determining Eligibility Under FMLA/FLSA
1 min read
Aug 26, 2013
A fire department dispatcher filed suit against his employer under the Family Medical Leave Act (FMLA) for allegedly violating his right to protected leave. The employer filed a motion for summary judgment, arguing that the employee was not eligible for leave under the FMLA because it did not employ at least 50 employees. At that time, the employer employed 41 employees, excluding 25-30 "volunteer" firefighters who were not required to respond to any emergency calls, but who were paid $15 per hour for the time they did spend responding to a call or maintaining equipment. The volunteers were not considered employees by the department, and thus, did not receive health insurance, sick or vacation time, or social security benefits, but the volunteers did have the ability to be promoted or discharged.
The district court agreed with the fire department and granted its motion. The employee appealed.
The U.S. Court of Appeals for the Sixth Circuit concluded that the volunteer firefighters were, in fact, “employees” within the meaning of the Fair Labor Standards Act (FLSA), and reversed the district court. The Court of Appeals held that the substantial wages paid to the firefighters constituted compensation, not nominal fees, which weighed in favor of finding that they are employees, not volunteers. The Court acknowledged that the employer did not dictate the firefighters' schedules, but concluded this was insufficient to overcome the fact that the firefighters were paid substantial wages for performing work as permitted by the employer.
Employers should carefully review their relationship with any "volunteers" to ensure they do not qualify as employees under the Fair Labor Standards Act or applicable state law. For more information read Mendel v. City of Gibraltar, No. 12-1231, (6th Cir.August 15, 2013).
Topics
Featured Insights

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory

In The News
Jun 3, 2026
Scott Seaman Discusses Wrongful-Death and Survival Actions Handbook on IICLE Podcast

Press Release
Jun 2, 2026
Palma Yanni Honored With 2026 Achievement Award by Mount Holyoke College

In The News
Jun 2, 2026
Jason Rosen Explores the Opportunities and Uncertainties of Florida’s New Series LLC Law

Hinshaw Alert
Jun 1, 2026
SCOTUS Clears Road to Negligent Hiring, Selection Against Freight Brokers

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami




