Maryland Fire Company Facing Lawsuit from Firefighters

The Princess Ann Volunteer Fire Company, Inc., is facing a lawsuit filed by nine of its firefighters. The lawsuit, which was filed in the United States District Court for the District of Maryland, on April 3, 2025, contains allegations that the fire company’s pay practices are violating both federal and state laws. More specifically, the firefighters allege the fire company fails to pay overtime as required by both the FLSA and the Maryland Wage and Hour Law. In addition to claims related to unpaid overtime, the nine also allege the fire company failed to reimburse them for certain job-related purchases in violation of the Maryland Wage Payment Collection Law.

According to the firefighters’ complaint, the unpaid overtime claim is due to the fire company’s misclassification of these firefighters as partially exempt from overtime under the FLSA’s §207(k) partial overtime exemption.  The §207(k) partial exemption allows public agency fire departments avoid the FLSA’s traditional requirement for overtime pay after working more than forty hours in a seven-day workweek. In order for a fire department to utilize this exemption, it must be a public agency. Whether a fire department meets the §207(k) public agency requirement is a question of fact. In other words, that determination is made on a case-by-case basis depending on the specific facts and circumstances at hand.  Generally speaking, volunteer fire companies and other privately incorporated organizations that provide fire and EMS services will not qualify as a public agency under the FLSA.

Quoting from the complaint:

• During the relevant period, Defendant employed Plaintiffs to perform firefighter and related EMS employment duties within Somerset County, Maryland, and surrounding counties and metropolitan areas.
• During the relevant period, Plaintiffs regularly and customarily worked more than Forty (40) hours per week.
• During the relevant period, Defendant had actual knowledge or, at least, suffered or permitted Plaintiffs to regularly and customarily work more than Forty (40) hours per week.
• During the relevant period, Defendant misclassified Plaintiffs as subject to the limited overtime exemption set forth in FLSA Section 207(k).
• During the relevant period, because Defendant misclassified Plaintiffs as subject to the limited overtime exemption set forth in FLSA Section 207(k), Defendants failed to pay Plaintiffs their earned and FLSA and Maryland law required premium overtime wages at the rate of one and one-half times Plaintiffs’ regular hourly rate for all overtime Plaintiffs worked each week exceeding forty (40) hours.
• During the relevant period, Defendant required Plaintiffs to use their own money to purchase work specific clothing, gear, and protective equipment designed specifically and uniquely for Plaintiffs’ performance firefighter and EMS employment duties for Defendant’s primary benefit.
• During the relevant period, Defendant had actual knowledge that Plaintiffs used their own money to purchase work specific clothing, gear, and protective equipment designed specifically and uniquely for Plaintiffs’ performance firefighter and EMS employment duties for Defendant’s primary benefit.
• As a direct result of Defendant’s failure to pay Plaintiffs overtime wages at the time-and-one-half rate for all overtime worked each week exceeding forty (40) hours and Defendant’s unlawful taking of wage deductions and kickbacks from Plaintiffs, during the relevant period, Defendant failed to fully and timely pay Plaintiffs all earned wages due each pay period.
• On information and belief, prior to or during the relevant period, Defendant learned it misclassify Plaintiffs as subject to the limited overtime exemption set forth in FLSA Section 207(k), and in so learning, knew or reasonably should have known the rate and method by which Defendant was or continued to pay Plaintiffs for overtime worked exceeding forty (40) hours per week was in direct violation the FLSA and Maryland overtime requirements, and that its past or ongoing failure to pay Plaintiffs overtime at the time-and-one-half rate for all overtime worked each week exceeding forty (40) hours as required by the FLSA and Maryland law was unlawful and in direct violation of the FLSA and Maryland law.
• On information and belief, Defendant’s failure to fully and timely pay Plaintiff earned wages as herein alleged in violation of the MWPCL was perpetrated by Defendant willfully and knowingly and was not the product of good faith mistake or a bona fide dispute.

Here is a copy of the firefighters’ complaint.