Four Florida Firefighters File FLSA Suit Against Town

Four Micanopy Fire and Rescue firefighters have filed a federal lawsuit against their employer alleging violations of the FLSA. According to the town’s website, the Micanopy Fire and Rescue Department responds to over 400 calls per year over an area of fifty-three square miles and serves a population around 10,000 people. The department is staffed by a full time fire chief and at least two firefighters on duty per each twenty-four-hour shift.

According to the firefighters, the town pays them straight time wages for all hours worked, regardless of whether federal law requires overtime pay. Additionally, the firefighters allege the town removed certain overtime hours from their time sheets and payroll records. In those instances, the firefighters claim the town paid them via cash or “Venmo” at their straight time rates instead of an overtime rate or through a traditional payroll process.

The firefighters also allege the town failed to pay at least minimum wage for some hours worked. According to the complaint, the State of Florida increased the state’s minimum wage from $8.46 to to $8.56 per hour on January 1, 2020. The firefighters allege that the town failed to increase their wages to meet the new state minimum wage for at least three months following this adjustment. If proven, this will likely present a state wage and hour violation, since the federal minimum wage remains at the current $7.25 and the firefighters do not allege that the town failed to meet that requirement.

The firefighters are demanding a jury trial, back wages, and attorneys’ fees. Here is a copy of the firefighters’ complaint and click here for more on the story from WCJB channel 20.

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