WICHITA, KS — A group of fire investigators for the city of Wichita, Kansas recently filed a class action unpaid overtime lawsuit against the city over claims that the defendant miscalculates the overtime pay for the group and is owed substantial amounts of back pay. The six plaintiffs claim that the city violates federal wage and labor laws by misclassifying fire investigators as firefighters rather than law enforcement officers, arguing the plaintiffs have the power to make arrests and spend no time engaged in fire suppression.
According to the class action unpaid overtime lawsuit, the city of Wichita pays overtime to members of its fire department when workers spend more than 204 hours on the job in a 27-day pay period. However, the plaintiffs argue that they are not fire fighters but instead uniformed, trained law enforcement officers who should earn overtime after 165 hours worked in the same 27-day period. That difference, the plaintiffs claim, could amount to as much as $390 per pay period for a fire investigator making $20 per hour.
Under the Fair Labor Standards Act (FLSA), most hourly wage earning employees must be paid overtime after working 40 hours in a week, but the law does allow cities to set special overtime schedules for first responders. The FLSA allows cities to create 28-day pay periods for police and firefighters and Wichita sets its at 27 days. The plaintiffs claim they regularly worked up to 50 hours in a week.
Unfortunately, first responders and emergency personnel in our communities are often the victims of wage theft through misclassification and other creative schemes to keep department payrolls down and pay workers as little as possible. Often times, municipalities rely on the title the worker holds or the department he or she works in rather than the job duties the individual performs as an occupation.
The FLSA allows wage theft victims to file class action unpaid overtime lawsuits to recover their back pay with interest and hold wrongdoers accountable for their actions. In addition to back pay, plaintiffs can recover liquidated damages equal to their back pay.
Law Enforcement 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.