Indiana Town Hit with FLSA Lawsuit from Current and Former Firefighters

Sixty-seven current and former firefighters from Brownsburg, Indiana have filed suit in federal court alleging the town’s pay practices violate the FLSA.  The firefighters’ claim the town failed to pay overtime when required and improperly calculated the firefighters’ regular and overtime rates of pay. Quoting from the complaint:

Unpaid Overtime Claims:

• During the periods that Plaintiffs have worked in excess of 212 hours during their 28-day FLSA work period, Defendant has failed, and continues to fail, to provide Plaintiffs the rights and protections provided under the FLSA, including overtime pay at the rate of one and one-half times their regular rates of pay for all hours worked in excess of the hourly standards set forth under 29 U.S.C. § 207(a).
• By failing to pay Plaintiffs overtime pay as required by the FLSA, Defendant has violated and is continuing to violate the provisions of the FLSA in a manner that is unreasonable, willful, and in bad faith. As a result, at all times material herein, Plaintiffs have been unlawfully deprived of overtime compensation and other relief for the maximum period allowed under the law.
• As a result of Defendant’s willful, unreasonable, and bad faith violations of the FLSA, there have become due and owing to Plaintiffs an amount that has not yet been precisely determined. The employment and work records for Plaintiffs (including time and attendance records) are in the exclusive possession, custody and control of Defendant, and Plaintiffs are unable to state at this time the exact amount owed to them. Defendant is under a duty imposed under the FLSA, 29 U.S.C. § 211(c), and various other statutory and regulatory provisions, to maintain and preserve payroll and other employment records with respect to Plaintiffs from which the amount of Defendant’s liability can be ascertained.
• Pursuant to 29 U.S.C. § 216(b), Plaintiffs are entitled to recover liquidated damages in an amount equal to their backpay damages for Defendant’s failure to pay overtime compensation.
• Plaintiffs are also entitled to recover attorneys’ fees and costs under 29 U.S.C. § 216(b).

Improper Calculation of Regular Rate Claims

• Section 207(e) of the FLSA (29 U.S.C. § 207(e)), as well as the regulations of the U.S. Department of Labor, 29 CFR Part 778, et seq., require that all forms of remuneration be included in the hourly rate at which FLSA overtime is paid, with some limited exceptions that are not applicable here.
• Defendant has failed to include certain premium payments in Plaintiffs’ regular rate of pay for purposes of computing overtime pay entitlements of Plaintiffs, resulting in Defendant paying Plaintiffs for overtime work at a rate that is below the rate mandated by the FLSA. Defendant’s failure to include these forms of additional compensation in Plaintiffs’ regular rate of pay violates section 7(a) of the FLSA. 29 U.S.C. § 207(a); 29 C.F.R. § 778.207(b).
• As a result of Defendant’s systemic, continuing, willful, and bad faith violations of the FLSA, there have become due and owing to the Plaintiffs an amount that has not yet been precisely determined. The employment and work records for Plaintiffs reflecting such ongoing violations are in the exclusive possession, custody, and control of Defendant. Plaintiffs are unable to state at this time the exact amount owing to them, but from these records, Plaintiffs will be able to ascertain the precise extent of these violations of the FLSA. Defendant is under a duty imposed under the FLSA, 29 U.S.C. § 211(c), and various other statutory and regulatory provisions to maintain and preserve payroll and other employment records with respect to Plaintiffs from which the amount of Defendant’s liability can be ascertained.
• Pursuant to 29 U.S.C. § 216(b), Plaintiffs are entitled to recover liquidated damages in an amount equal to their backpay damages for Defendant’s failure to pay overtime compensation.
• Plaintiffs are also entitled to recover attorneys’ fees and costs under 29 U.S.C. § 216(b).

Here is a copy of the firefighters’ complaint and a link to coverage from FOX 59, Indianapolis.