Tag Archives: settlement

The crux of the plaintiff’s complaint involved alleged FLSA regular rate violations. In particular, the city’s failure to include certain wage augments in the plaintiffs’ regular rate. The FLSA requires virtually all the money an employee is paid included in his or her regular rate. Proper calculation of the regular rate is critical since all FLSA overtime must be paid at a rate of at least time-and-one-half of the employee’s regular rate. Very often employers utilize an employee’s base hourly rate to calculate the overtime rate of pay. However, the FLSA requires that all remuneration be included in the regular rate of pay.

Specifically, the plaintiffs made two basic claims:

• First, the city failed to include money paid directly to employees in lieu of receiving employer sponsored medical benefits in the regular rate.
• Second, the plaintiffs also wanted holiday pay included in their regular rate.

A lawsuit initially filed by only two Wisconsin paramedics in June 2018 has resulted in a settlement. The defendants in the suit—the Great Divide Ambulance Company and four different Wisconsin Townships—have agreed to pay twelve EMTs and medics a total of $255,000 to settle all overtime claims related to the suit. For more on the initial lawsuit: Wisconsin Medics Claim ...

Retired Division Chief Ronald Pelham has reached a $115,000 court approved settlement with the City of Monrovia, California following an FLSA lawsuit. Pelham alleged, in his September 2018 complaint that the Monrovia Fire Department misclassified him as an overtime exempt executive employee and failed to pay him any FLSA overtime. Pelham’s lawsuit was one of several filed across the country ...

The City of Santa Clara, California is close to settling an FLSA lawsuit filed by five city firefighters back in October of 2018. These five initially alleged the city violated the FLSA by failing to include all remuneration in their regular rate of pay which resulted in firefighters being shorted on both comp time and overtime payments. The firefighters also ...