Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional
A federal lawsuit has been filed against the Briar Reno Fire Department, Inc., alleging violations of the Fair Labor Standards Act (FLSA) in how the department pays its firefighters. The complaint, which was filed by a lone former firefighter in the U.S. District Court for the Northern District of Texas on June 30, 2025 contains allegations of unpaid overtime and misclassification.
According to plaintiff Allen Jones, he served as a senior firefighter and engineer for the Briar Reno Fire Department from January 2021 through March 2025. Jones claims that he routinely worked 48-hour on / 96-hour off shifts, and at times worked shifts lasting up to 96 hours. His work shifts typically exceeded 40 hours per week. Despite working many hours, the Allen claims that the Briar Reno Fire Department failed to pay for all hours worked each week, improperly classified firefighters as § 207(k) firefighters, and failed to compensate firefighters when required to report for work 30 minutes early every 48-hour work shift.
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. Here, according to Jone’s complaint, the Briar Reno Fire Department is a privately incorporated organization and does not meet the FLSA’s public agency requirements.
Jones has asked the court to certify the case as a collective action, allowing other current and former Briar Reno Fire Department firefighters to join. If approved, the case could expand significantly.
Here is a copy of the complaint and more on the FLSA’s public agency requirments.
