LOS ANGELES, CA — A group of Hermosa Beach, California firefighters recently filed a class action unpaid overtime lawsuit against the department over allegations that the city failed to properly calculate overtime pay for the plaintiffs over the past three years. The complaint comes just a few days before the Los Angeles County Fire Department is set to take over firefighting operations for the city after years of financial and management issues plaguing the beleaguered unit.
“The defendants acted with the intent to deprive plaintiffs of their rights, privileges and immunities by purposely and intentionally refusing and failing to pay or compensate plaintiffs for hours they provided,” according to the complaint filed by the plaintiffs’ attorney.
According to the class action unpaid overtime lawsuit, filed in U.S. District Court, all employees were required to work 24-hour shifts, averaging 56 hours per week but the city of Hermosa Beach did not properly calculate overtime pay. Under the Fair Labor Standards Act (FLSA), employers must compensate overtime non-exempt workers with one and a half times the individual’s average hourly rate of pay, including bonuses and other income.
The complaint alleges the defendant calculated overtime pay based on the average hours worked by the firefighters and not the actual time put in each week. The plaintiffs seek three years of back pay with interest, liquidated damages equal to unpaid earnings, attorney fees and other damages related to health care and other issues.
“We have been negotiating in good faith for the better part of a year with their union on a host of issues, and this Fair Labor Standards Act issue never came up,” said the Hermosa Beach Mayor in a statement. “We’ve always been fair with the firefighters and grateful for their services.”
Unfortunately, this type of wage theft is all too common against brave first responders putting in long hours protecting their communities and is a common tactic to keep payroll low down for cities to stay within budget. Currently, firefighters from Hermosa Beach are battling wildfires across California and will not integrate into the Los Angeles Fire Department until the end of the year.
Firefighter Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.