Indiana Firefighter Alleges Fire Company Violated the FLSA and State OT Laws

The Bright Volunteer Fire Company, a non-profit incorporated fire company that provides fire and emergency medical services in Lawrenceburg, Indiana is facing a wage and hour lawsuit from a former firefighter. According to the complaint, former firefighter Jacob King worked for the Bright Volunteer Fire Company from July 2020 until his termination on August 5, 2024. King alleges that the fire company failed to pay overtime for all hours worked in excess of 40 every seven days in violation of both the FLSA and Indiana laws.

Quoting from the complaint:

• At all times relevant to this action, the defendant has been engaged in the business of providing emergency medical and firefighting services.
• The defendant is engaged in operations that affect interstate commerce through its provision of emergency medical and firefighting services, thus falling under the provisions of the Fair Labor Standards Act.
• The defendant operates as a domestic nonprofit corporation.
• The defendant employs numerous personnel, including the plaintiff, in various capacities integral to its operations, involving the provision of critical public safety services.
• Plaintiff and the Collective Class were explicitly hired as employees and entered into an employment relationship with the expectation of regular compensation.
• Plaintiff and the Collective Class were hired with the expectation of compensation and were scheduled for shifts in a manner typical of paid employees, not volunteers.
• Specifically, 29 U.S.C. § 207(a)(1) states: “Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
• Specifically, Ind. Code § 22-2- 2-4 states: “Except as otherwise provided in this section, no employer shall employ any of his employees in any workweek for a number of hours in excess of forty (40) unless such employee receives compensation for his employment in excess of such hours at a rate not less than one and one-half times the regular rate at which he is employed.” Ind. Code § 22-2-2-4.
• At all times relevant to this action, the defendant structured its operations such that employees, including the plaintiff and the Collective Class, were regularly required to work overtime hours without receiving the legally mandated overtime compensation.
• The plaintiff and the Collective Class were required to work overtime hours as dictated by the operational needs of the defendant, without receiving the legally mandated overtime compensation, despite their status as employees with a clear expectation of such pay.
• Despite the clear applicability of the FLSA, the defendant has willfully failed to compensate the plaintiff and the Collective Class at the overtime rate of one and one-half times the regular rate of pay for hours worked in excess of forty per week, as required by 29 U.S.C. § 207(a).
• The failure of the defendant to compensate its employees for overtime work has been a willful violation of the FLSA, designed to reduce operational costs at the expense of the plaintiff and the Collective Class.
• The defendant’s actions have caused financial harm to the plaintiff and the Collective Class, who have worked in excess of forty hours per week without receiving overtime pay.
• The defendant’s practices concerning overtime pay have not been isolated incidents, but rather part of a systematic policy applied to all similarly situated employees.
• The defendant’s failure to pay required overtime wages constitutes a repeated and willful violation of the FLSA, resulting in substantial damages to the plaintiff and the Collective Class.

Finally, the allegation contained in this lawsuit is very similar to one filed late last month by a group of three former North Carolina firefighters. Find that coverage from FireFighterOvertime.org below along with a copy of this complaint. 

North Carolina Fire Company Hit with FLSA Lawsuit from Three Former Firefighters