Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional
The City of Gadsden and ninety-four current and former city firefighters and officers of various ranks have reached a global settlement following a 2022 FLSA lawsuit. The firefighter’s initial complaint, which was filed in federal court in May 2022 was limited to alleged violations of the firefighters’ regular rate of pay. However, that complaint was amended in August 2022 to include claims of FLSA retaliation. According to the amended complaint, the city threatened to eliminate a promised pay raise and to end a past practice of paying double time to firefighters that worked overtime on Sundays shortly after the lawsuit was initiated. Additionally, three firefighters were disciplined over social media posts that they made during the same timeframe.
The proposed settlement, which still requires court approval, follows months of negotiations and court ordered mediation between the city and firefighters. In total, the city agrees to pay $325,000 to the firefighters and their attorneys. According to the settlement documents, the settlement will resolve all the claims made by the firefighters including allegations of FLSA retaliation.
The settlement allocates $190,591.02 to a total of ninety-four firefighters, drivers, and commanders for back wages. According to court documents this represents one-hundred-percent of the back wages the plaintiffs claimed to be owed for the two-years preceding the filing of the lawsuit until now. Conspicuously missing from the settlement is the typical liquidated damages usually associated with FLSA violations. As a general rule, the FLSA requires the award of damages equal to the amount of back wages after finding a violation of the FLSA.
The settlement also includes an additional $1500 [$500 each] payable to the three plaintiffs that claimed the city disciplined them for their social media activities shortly after the lawsuit was filed. In addition to the $500 payments, the settlement specifically states that the “reprimand/disciplinary action at issue” will be removed from the firefighters’ personnel records. Finally, the settlement pays the firefighters’ attorney’s fees and costs in the amount of $132,909.
Here is a copy of the Joint Motion for Settlement Approval and the proposed Settlement Agreement along with a story from August 14, 2022 on the lawsuit.
