FDNY Facing FLSA Lawsuit for “Off-the-Clock” Work Performed by Recruits & Probationary Firefighters

The Fire Department of the City of New York [FDNY] is the latest agency to face an FLSA lawsuit filed by firefighters alleging unpaid work hours during the time spent in the fire academy and during probationary status. This lawsuit, which was initially filed by two former firefighters in state court was removed to federal court earlier this month.

Quoting from the firefighters’ complaint:

• Plaintiff Payne was employed by Defendants at the FDNY from March 28, 2022, until September 26, 2023. From March 28, 2022, until August 9, 2022, Plaintiff Payne was a FDNY Probationary Firefighter at Randall’s Island Fire Academy. Following his graduation on August 9, 2022, Plaintiff Payne joined Ladder 24 as a Probationary Firefighter. Throughout his time at the FDNY, Plaintiff Payne’s salary was approximately $55,000.
• Plaintiff Keeney was employed by Defendants at the FDNY from September 12, 2022, until October 2024. From September 12, 2022, until January 2023, Plaintiff Keeney was a Probationary Firefighter in the FDNY Academy at Randall’s Island Fire Academy. Following his graduation from the FDNY Academy, Plaintiff Keeney joined Engine Company 299 as a Full Duty Firefighter from January 2023 until May 2023 and then the Bureau of Health Services for FDNY as a Light Duty Firefighter from May 2023 to October 2024. In October 2024, Plaintiff Keeney resigned from the FDNY. Throughout his time at the FDNY, Plaintiff Keeney’s salary was approximately $44,000.
• At the FDNY Academy, at all relevant times, Mr. Payne and Mr. Keeney worked more than 40 hours a week without being paid overtime wages of one and one-half times their regular rate of pay or minimum wages for all hours they worked. In fact, Mr. Payne and Mr. Keeney regularly worked 60-70 hours in a week, if not more, over the span of 5 or more days a week. Indeed, there would be days when Plaintiffs and the FLSA Collective would arrive at training as early as 5:30 a.m. and would not be dismissed until 5:30 p.m. or later. Plaintiffs and the FLSA Collective were required to work these hours to meet their performance expectations and requirements.
• Plaintiffs and the FLSA Collective were compensated for 40 hours of work per week at an approximate hourly rate of $22-$27 and received overtime pay for certain additional hours at a rate of approximately $34-$40.50 per hour.
• However, Plaintiffs and the FLSA Collective were not compensated for the “off-the-clock” work that they were required to perform.
• Upon graduating from the FDNY Academy, Plaintiffs found similar protocols resulting in significant unpaid wages and compensation in place at their respective placements.
• Following their graduation from the FDNY Academy, Mr. Payne and Mr. Keeney became Probationary Firefighters, Mr. Payne at Ladder 24 and Mr. Keeney at Engine Company 299.
• During their time as Probationary Firefighters, Mr. Payne and Mr. Keeney and members of and the FLSA Collective worked more than 40 hours a week without being paid overtime wages of one and one half their regular rate of pay nor for all hours worked at their normal hourly rate of pay. Indeed, Plaintiffs were regularly required to report to the firehouse two hours before their shifts began and remain at the firehouse for several hours after their shifts ended, time for which they were not compensated.
• Accordingly, the City of New York knew that Plaintiffs and members of the FLSA Collective had to work extremely long hours—well over 40 hours each week—to complete their work but were not paid overtime wages and/or wages for all hours worked.
• In fact, an attorney for the firefighters’ union acknowledged to Mr. Payne following Mr. Payne’s unlawful termination that the issue of unpaid work was “a global issue” at the FDNY. In other words, the FDNY is and has been on notice that probationary firefighters are required to work without pay on a regular basis and knowingly allows this practice to continue uncorrected.

The two plaintiffs are seeking to the court to make the lawsuit a collective action, back wages, liquidated damages, and attorneys’ fees. Here is a copy of the amended complaint.