Eagle County, Colorado Sued for Allegedly Denying Airport Firefighters Overtime

Eagle County, Colorado [a mostly rural county located in central Colorado] is facing an FLSA lawsuit filed by an Aircraft Rescue and Firefighting (ARFF) firefighter on behalf of himself and other “similarly situated individuals.” The lawsuit alleges that the county misclassifies the plaintiff firefighter and other county employees as § 207(k) firefighters in violation of the FLSA.

The main allegation found in the complaint is that ARFF firefighters working at the Eagle County’s Regional Airport routinely perform what the complaint calls “non-firefighting duties” including snow removal, airport runway and perimeter inspections, wildlife hazard mitigation, security monitoring, TSA and FAA compliance tasks, passenger assistance, and vegetation control and maintenance. According to the complaint, as a result of the extensive “non-firefighting duties” regularly required of the ARFF firefighters, the plaintiff [and other possible plaintiff firefighters] no longer meet the FLSA’s requirements to be classified as § 207(k) firefighters.

Additionally, the complaint alleges these firefighters work a 34/96 shift rotation, which consists of 17 consecutive hours on duty followed by only 7 hours off-duty, followed by a second 17 hours on-duty and 7 hours off-duty, followed by four days off-duty. The firefighters are required to vacate the facility during the 7 hours off-duty in between their work shifts.

The lawsuit seeks back wages, liquidated damages, attorneys’ fees, and an injunction to stop classifying the airport firefighters as § 207(k) firefighters.

Here is a copy of the complaint.