A legal fight is underway in Indiana as fire fighters look to collect overtime wages being withheld by their employer.
Hendricks County Professional Fire Fighters IAFF Local 4406 filed a federal lawsuit against the Town of Brownsburg, arguing the municipality has repeatedly violated the Fair Labor Standards Act (FLSA). According to the complaint filed in the Southern District of Indiana, more than 60 current and retired Local 4406 members were not properly paid for overtime hours they worked.
When the Local discovered the pay issue early last year, they approached the Town Council, the Brownsburg Fire Territory’s administrative team, and other local officials to try and amicably resolve the error.
“For more than a year, my Executive Board and I have tried to work with the town’s leadership in good faith,” Local 4406 President David Brock said. “But they had no interest in doing the same, choosing to dismiss our concerns as they resisted every opportunity to fix this obvious error. It’s clear they’ve violated their obligations under the FLSA and have failed to pay our members the wages they have rightfully earned.”
This left the Local with no choice but to take legal action.
“While we always prefer to resolve issues amicably through dialogue, it is now necessary to bring this matter before a federal court. We are confident that the court will enforce our members’ rights and ensure they are fairly compensated.”
Fire fighters employed by the Brownsburg Fire Territory work a standard 24-hour shift, followed by 48-hours off. This schedule repeats over a 28-day period, with additional overtime hours calculated into their regular work schedule every third week. This means most fire fighters for the Territory work a standard 216 hours per 28-day period, or an average of 54-hours per week – far exceeding the standard 40-hour weeks most Americans work.
However, according to the lawsuit, the town has refused to provide any overtime pay beyond 212 hours during the 28-period.
Local 4406 claims that because of this fact, their members “are owed overtime wages as part of their regularly scheduled work hours pursuant to Section 7(k) of the FLSA.”
The IAFF has been actively supporting the Local as they prepared their legal action against the town.
“I’m proud to stand with President Brock and the members of Local 4406 as they fight to uphold fairness and their rights as fire fighters. These men and women work long hours protecting our communities and do so proudly. They deserve to be fairly compensated for the work they’ve already done,” said IAFF 8th District Vice President Mark Sanders. “While there’s a long road ahead, I’m confident that once the court examines the facts of the case, it will ensure Local 4406 members receive the full wages they’ve rightfully earned.”
The lawsuit asks the court to award backpay to the members named in the complaint, as well as any attorney’s fees and other damages the court sees fit.
