Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB549 Comm Sub / Analysis

                    Gallot (SB 549)	Act No. 869
Prior law, relative to the wages of firemen, required that the minimum monthly salaries of
firemen in municipalities having a population of 12,000 or more and in the city of Bastrop
and of all parish and fire protection districts with paid firemen, including salaries payable out
of the avails of any special tax provided by the constitution for increasing the pay of firemen,
is $400 per month and paid semi-monthly not later than the fifth and twentieth day of each
calendar month.
New law requires the minimum monthly salary be based on a regular hourly rate of pay
compliant with the Fair Labor Standards Act, 29 U.S.C. 201 et seq., exclusive of state
supplemental pay. 
Prior law provided that a municipality, parish, fire protection district, or other political
subdivision maintaining a fire department, or the Chitimacha Tribe of Louisiana or the
Coushatta Indian Tribe of Louisiana, or any nonprofit corporation contracting with any such
political subdivision to provide fire protection services may enhance the first-year salary of
every paid, regularly employed employee in the amount equivalent to the state supplemental
pay, or any portion thereof, that the employee shall be entitled to be paid after one year of
service.
New law retains prior law and provides condition that the first-year salary, exclusive of the
enhancement, meets the minimum wage obligations of the Fair Labor Standards Act, 29
U.S.C. 201 et seq.
Prior law provided for reemployment of certain persons in the fire and police civil service
for municipalities between 13,000 and 250,000 and for small municipalities having a
population between 7,000 and 13,000 and all parishes and fire protection districts.
 
Prior law provided that any regular employee who resigns or retires from a position in the
classified service may, with the prior approval of the board, be reemployed in a position of
the class in which he was employed immediately preceding his resignation or retirement or
in a position in any lower class. Provided that any such employee may be reemployed at any
time after his resignation or retirement, but he shall be qualified for the position to which he
is reemployed and shall be reemployed with the seniority accumulated through the date of
reinstatement. Provided however that a regular employee shall be reemployed only if his
resignation or retirement occurred as a result of the employee being unable to perform the
essential functions of his job upon sustaining any injury that is compensable pursuant to the
provisions of the state workers' compensation laws.
New law provides that any regular employee who retires from a position in the classified fire
service as a result of an injury or a medical condition which prevents him from performing
the essential functions of his job, may, with the prior approval of the board, be reemployed
in a position of the class in which he was employed immediately preceding his retirement or
in a position in any lower class. Provides that such employee may be reemployed at any time
after his retirement, but requires that he be qualified for the position to which he is
reemployed and able to perform the essential functions of the position.  Provides that the
employee shall be reemployed with the seniority accumulated through the date of his
retirement.  Provides that new law shall not be applicable to employees whose injury or
medical condition resulted from their own negligent or intentional act.
Effective August 1, 2014.
(Amends R.S. 33:1992(A)(1), 2002(A)(3)(a); adds R.S. 33:2490(F) and 2550(F))