Shows
Better Every ShiftCurt Varone: ‘Our biggest liability is sitting in the firehouse with us’This week’s podcast revisits one of our most popular shows. Fire service attorney Curt Varone identifies the biggest liability for fire departments – the members who might be looking for a fight – and urges fire service leaders to better address everything from HR issues like discipline to operational issues related to policies and training. We also dig into the need to educate fire service leaders about how to identify those conflict-seeking members who often become frequent litigators, or as Varone says, beware the “human equivalent of a lightweight wood truss building.”
This episode of the Better Every Shift Podc...2025-02-131h 09Better Every ShiftCurt Varone: Beware the ‘human equivalent of a lightweight wood truss building’"The lawsuit is coming from inside the firehouse.” Much like a horror film twist where the protagonist realizes the killer is already inside the house, far too many firefighters don’t realize that our biggest liabilities are sitting with us in the firehouse. Most fire service lawsuits involve a firefighter suing the fire department or another firefighter. These are the issues we must address, as fire service attorney Curt Varone urges – everything from HR issues like discipline to operational issues related to policies and training. We also dig into the need to educate fire service leaders about how to identi...2023-12-211h 13
Dance Careers: UnfilteredYour Ultimate Guide to Following your Artistry -- with Teddy TedholmI could go on and on with Teddy! He makes me laugh quite a bit and beyond our (really awesome) jokes, we go beyond the surface to chat about the starving artist mentality and forging your own path. We also dive in to the ever-evolving landscape of the classroom and how to juggle the need for digital representation in that space. I love his unique voice and journey and you will too. MNTR MGMTWebsite@mntr.mgmt@justinementerTeddy TedholmDirector, tedted Performance Group2022-05-2338 min
Better Every ShiftVarone explores the top disciplinary issues that get fire officers in hot waterIn this episode of the Side Alpha Podcast, Chief Marc Bashoor speaks with fire service legal expert Curt Varone about one of his favorite topics -- discipline. Varone covers the top disciplinary issues that get firefighters and fire officers in hot water, examines the concept of progressive discipline, and explains how disciplinary issues in the fire service vary from those in the "cubicle world" of corporate offices.
Learn more about fire service discipline and performance issues in FireRescue1's special coverage series: Firefighter performance in focus.
Also, read more on this issue from Varone: "Discipline i...2021-10-1141 min
Fire LawEpisode 38: Burn Litigation and the Firefighter’s RuleIn 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 survivors – Twice Burned – which, along with a paper he has written – A Handbook for the Caregivers of Burn Survivors, which talks about compassion fatigue – is available for free. Paul also is the creator of National Burn Prevention Day (www.nationalburnpreventionday.org) which i...2021-05-0341 minFire LawFire Law Podcast #37: Fire Officers and OvertimeIn 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 executives), a copy of Morrison v. Fairfax County (captains entitled to overtime), and the First Responder Regulations, and available at: http://www.firelawblog.com/2020/12/08/fire-officers-and-overtime-emmons-v-chesapeake/2020-12-0837 minFire LawFire Law Podcast Episode 36 - OT for Firefighters assigned to EMS UnitsIn 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 in 28 days! Here is the 203y definition discussed: 29 USC §203 (y) “Employee in fire protection activities” means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personne...2020-11-0331 minFire LawPodcast Episode 35: Interview With Attorney For Disciplined Michigan Firefighters In Mistaken Death PronouncementIn 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 funeral home staff preparing to embalm her.2020-09-1338 minFire LawFire Law Podcast #34 Disciplinary Challenges with Nicol JuratovacIn 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.2020-07-0349 minFire LawFire Law Podcast #33 - CARES Act Stimulus and EMS Billing In 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.2020-05-0123 minFire LawFire Law Podcast 32: Legal Implications of Corona Virus COVID-19 and QuarantineIn 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.2020-03-0331 minFire LawPodcast 31: Q & A on EMS Billing and Medicare Medicaid FraudIn 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 investigations across the country into fire department EMS billing practices has led to a shift toward representing fire departments.2020-02-0637 minFire LawPodcast 30: EMS Billing and Medicare Medicaid FraudIn 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 departments. If your fire department bills for EMS, you need to listen to this podcast.2020-01-1030 minFire LawPodcast 29 Firefighter OvertimeIn 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.2020-01-0530 minFire LawPodcast #28: Survey of Our Biggest LiabilitiesIn 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 have the data in front of you the discussion will make a lot more sense.2019-12-2426 min
Magical Destinations By Steve PodcastCurt VaroneEpisode 198 is Curt Varone. Curt has over 40 years of fire service experience and 30 years as a practicing attorney. Curt retired after 29 years as a Deputy Assistant Chief. Our discussion surrounds the arming of firefighters. Besides this hot topic, we talk about his career, his two books he wrote, and being an attorney.2019-12-2238 minFire LawPodcast # 27: Compensation for EMS Training TimeIn 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.2019-08-2237 minFire LawEpisode 26 Tucson Nursing Mothers Act CaseIn 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 Clark’s attorney.2019-04-2233 min
Fire LawFire Law Episode 25: Illinois Fire Protection District Files Opioid LawsuitThe 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.2018-07-2127 minFire LawEpisode 24: Pink Collar Theft In The Fire ServiceIn 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.2018-01-1127 minFire LawPodcast 23: Drone Law UpdateIn 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.2017-06-2728 minFire LawPodcast 22: Hazing, Pranks and Bullying in the Fire ServiceIn 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 monthly columnist for FireRescue1 and Fire Chief.2017-06-2638 minFire LawPodcast 21: Prince George’s County Fireground Altercation Case – The Lawyer’s EditionIn 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 recently acquitted of assaulting two female career firefighters at the scene of a structure fire in 2015. In the case important Garrity issues arose in terms of whether the volunteers could be compelled to answer questions, thereby giving up their 5th Amendment Right to remain silent. The question also...2017-06-021h 04Fire LawPodcast 20: Prince George’s County Fireground Altercation CaseIn 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 2015.2017-05-221h 00Fire LawPodcast 19: Dealing with the Toxic EmployeeIn 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 Service Leadership in Grand Rapids, Michigan on May 15-16, 2017. Click here for more details. 2017-04-2134 minFire LawFire Law Podcast 18 - Cyberbullying in the Fire ServiceIn this episode Curt and retired Battalion Chief John Cagno discuss cyberbullying in the fire service. The discussion ranges from legal considerations to leadership responsibilities.2017-03-2438 minFire LawFire Law Podcast 17: FLSA Overtime, Officers and the First Responder RegulationsAre 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 over the board. In 2004, the US Department of Labor implemented the First Responder Regulations in an effort to clarify the difficult issues.2017-03-2022 minFire LawFire Law Podcast Episode 16: White Collar and Small Fire Department ExemptionsIn 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 department exemption. This is the fourth in a series of podcasts about how the FLSA impacts the fire service.2017-03-0930 minFire LawFire Law Podcast Episode 15In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of "regular rate". Regular rate refers to the amount of hourly compensation that must be multiplied by 1.5 to determine the overtime rate. While that may seem simple, its application is anything but.2017-02-2731 minFire LawFire Law Podcast Episode 14In this episode, Curt and Bill Maccarone continue their discussion about overtime issues in the fire service with an overview of the 207k partial exemption. The 207k, or 7k, exemption extends the maximum hours for firefighters from 40 to 53 hours per week and extends the 7 day work week to a possible 28 day work period.2017-02-2133 minFire LawFire Law Episode 13Curt and Bill Maccarone discuss the Fair Labor Standards Act, and how the FLSA impacts fire departments ranging from career to volunteer.2017-02-1729 minFire LawFire Law Episode 12 - Vallejo Firefighter Awarded $2.3 MillionIn this episode, Curt talks with Oakland attorney Leslie Levy about the $2.3 million verdict she won on behalf of former Vallejo firefighter Todd Milan. Milan was terminated from the Vallejo Fire Department in November, 2012. His problems began on September 29, 2011 at the scene of a mobile home fire that claimed the life of a disabled man. Milan claims he was ordered to force entry by a battalion chief, and upon entering found himself alone because his officer apparently forgot his gloves on the apparatus. Milan sustained second and third degree burns trying to effect the rescue but was “forced to le...2016-03-2830 minFire LawPodcast Episode 11 – Florida Firefighter Prevails in Cancer Related Disability CaseIn this episode of Fire Law, Curt and Florida firefighter-attorney Mike Clelland discuss Mike’s recent victory for an Orlando firefighter who was seeking a cancer-related disability pension. Mike, a 26 year fire service veteran and former state legislator, now practices with the law firm of Morgan & Morgan.2016-01-0115 minFire LawPodcast Episode 10 - Firefight: The Century-Long Battle to Integrate New York's BravestIn this episode of Fire Law, Curt interviews Ginger Adams Otis, the author of Firefight: The Century-Long Battle to Integrate New York's Bravest. Ginger is a writer at the NY Daily News and previously worked at the NY Post. She started covering NY City Hall and the FDNY when she worked for The Chief-Leader. She's been a radio and print freelancer for WNYC, the Associated Press, BBC, National Public Radio, The Village Voice and national magazines such as Jane and Ms.
The interview covers her reasons for writing the book, her research and her conclusions about racial...2015-12-0434 minFire LawFire Law Podcast Episode No. 9 – Firefighter OvertimeIn this episode, firefighter attorney Bill Maccarone and Curt discuss a recent 9th Circuit ruling in an overtime case brought by 82 California firefighters who claimed their fire department miscalculated their overtime.2015-09-1829 minFire LawFire Law - Episode 8 - FDNY Disability Pension Settles Discrimination Suit
In this edition of Fire Law, Curt discusses the controversial settlement of an FDNY discrimination suit with Attorney Peter J. Gleason, himself a retired FDNY firefighter. Peter represented FDNY firefighter Kevin Simpkins who was awarded a disability pension earlier this year. The settlement made for sensational headlines. Consider the following from the NY Post on may 22, 2015:
He’s had a much better run in court than battling fires.
Twelve-year FDNY firefighter Kevin Simpkins — the public face for a racial-discrimination class action by minority firefighters the city settled for $98 million — has won...2015-08-1733 min
Fire LawFire Law - Episode 7 - Duty to ActIn this episode, Curt explores the connection between the law relating to duty to act and real life in a discussion with Fire Commissioner Dave Phillips, from the Washingtonville Fire District in New York. Commissioner Phillips suffered a heart attack and was brought back to life through the valiant efforts of his son, an FDNY firefighter, and a local EMS unit.2015-07-1916 min
Fire LawFire Law Episode 6 - Product Liability Suits Over Fire Helmets
In this episode of Fire Law, attorney Jim Magazine discusses the five lawsuits he has filed over neck injuries to firefighters from the Cairns 1044 Helmet. The product liability suits were filed in Florida state court against MSA, the parent company for Cairns. The suits claim the helmets are defectively designed.
2015-03-2013 minFire LawFire Law - Episode 5 Interview with Nick DeLiaRialto, California firefighter Nick DeLia brought a 42 U.S.C. § 1983 action in US District Court against the City of Rialto, the City of Rialto Fire Department, and several city officials after he was ordered to go into his personal residence and bring two rolls of fiberglass insulation out, in violation of the 4th Amendment. The case went to the US Supreme Court, and in this podcast Nick explains what happened and how the case turned out.2015-03-0440 minFire LawFire Law - Episode 4 DC Battalion Chief’s Demotion Reversed
In this podcast District of Columbia Battalion Chief Richard Sterne explains the circumstances surrounding his demotion by Fire Chief Kenneth Ellerbe for not finding two officers guilty of charges at a disciplinary hearing. Curt Varone and DC Attorney Jim Pressler review the facts, the law and the politics behind the scene in the Nation’s Capitol.2015-02-0737 min
Fire LawFire Law Podcast - Episode 3: California Police Fire WarsOn February 4, 2014, Chula Vista firefighter Jacob Gregoire was arrested by a California Highway Patrol officer at the scene of a roll over on Interstate 805. Curt Varone and FF Gregoire’s attorney, Dan Gilleon, discuss the arrest and the civil suit they have brought against the officer and CHP. 2014-06-2427 minFire LawEpisode 2 - Kentucky Ambulance Sued For Sexual MisconductCurt Varone discusses a recently filed lawsuit in Kentucky against an ambulance company and two EMTs with the attorney who brought the action, John Vincent. The suit claims a 15 year old girl was the victim of sexual misconduct during a transport last December.2014-06-1419 minFire LawFire Law - Episode 1 2014-05-1022 min