Settlement Proposed for MA Firefighters Following 2023 FLSA Lawsuit

The Town of Brookline, Massachusetts and group of more than 100 current and former firefighters and officers have reached a settlement to resolve a 2023 lawsuit. The lawsuit, which was filed in federal court on December 1, 2023, by two Brookline fire lieutenants quickly grew to include a class of 119 other current and former Brookline firefighters and officers. The initial complaint contained allegations that the town failed to properly calculate the firefighters’ regular rate of pay, failed to count all hours worked by firefighters, including hours that firefighters received shift substitutions, and improperly classified senior high ranking chief officers as overtime exempt. For more the original suit from Curt Varone’s FireLaw Blog, click here.

According to the settlement documents, the town agreed to recalculate the firefighters’ regular rate and total hours worked and provide back pay when appropriate. Additionally, the town agreed to extend the standard statute of limitations (look-back period) for the alleged FLSA violations. The FLSA’s standard statute of limitations is 2 years and can be extended to 3 years if the court determines the employer’s actions were “willful.”  Here, the town agreed to look back over four years in an effort to resolve the firefighters’ claims. However, the town continues to assert that the high-ranking chief officers are properly classified as overtime exempt executive employees. The plaintiffs agreed to drop the claims related to the overtime exempt status for high-ranking chief officers, waive liquidated damages and interest, and their right to attorneys’ fees.

In total, the town agreed to pay $101,604.22 to resolve the lawsuit. The terms of the final settlement still must be approved by the court.

Here is a copy of the proposed settlement and release.