Milwaukee Hit with FLSA Lawsuit for Off the Clock Work and Retaliation Related to Unpaid Study Time and Homework from a Former 911 Dispatcher

A former 911 telecommunicator/dispatcher for the City of Milwaukee, Wisconsin is suing her former employer alleging the city’s pay practices for probationary dispatchers violates the FLSA and that the city improperly retaliated against her when she complained. Christina Harris’s attorneys filed the suit in the U.S. District Court for the Eastern District of Wisconsin late last month.

According to the complaint, Harris was hired by the city as a probationary 911 telecommunicator on November 11, 2024, and was terminated on January 2, 2025. Quoting from the complaint:

• On or about November 11, 2024, Defendant hired Plaintiff into the position of 911 Telecommunicator.
• During Plaintiff’s employment with Defendant, Defendant compensated Plaintiff on an hourly basis and/or with an hourly rate of pay for hours worked and work performed each workweek.
• During Plaintiff’s employment with Defendant, Plaintiff often worked at least forty (40) hours per workweek.
• During Plaintiff’s employment with Defendant, Defendant required Plaintiff to, during her probationary period of employment and while at home, after work, on weekends, and/or outside the normal and customary work hours of her 911 Telecommunicator position each workday, “study” and to complete daily “homework” assignments (that were submitted to Defendant the following day) and that were assigned and completed in preparation of and/or for the job-related “tests” that Defendant administered to Plaintiff.
• During Plaintiff’s employment with Defendant, Defendant did not compensate Plaintiff – either at her regular rate of pay or at an overtime rate of pay when hours worked in excess of forty (40) in a workweek – for “studying” and completing the daily “homework” assignments as described in the aforementioned paragraph while at home, after work, on weekends, and/or outside the normal and customary work hours of her 911 Telecommunicator position each workday.
• During Plaintiff’s employment with Defendant, Plaintiff made multiple, verbal complaints to Defendant regarding Defendant’s failure to properly and lawfully compensate her with overtime pay for all hours worked in excess of forty (40) in a workweek by failing to compensate her for performing compensable work as described herein while at home, after work, on weekends, and/or outside the normal and customary work hours of her 911 Telecommunicator position each workday.
• Defendant terminated Plaintiff’s employment on or about January 3, 2025, in retaliation for making complaints regarding compensation and overtime pay and/or for asserting her rights provided and protected by state and federal law, in violation of the FLSA.

Harris is seeking back pay, liquidated, compensatory, and punitive damages, reinstatement, and reasonable attorneys’ fees and costs.

Here is a copy of the complaint and more on the compensability of off-the-clock work for study time and homework during training.

Firefighter Recruits, Homework, and the FLSA