Tue, 06/01/2021
On May 17, 2021, the Eaton City Council authorized the City to pay $185,000 to the plaintiff fire captains and EMS lieutenant to settle an overtime lawsuit filed by MSE. The fire captains and lieutenant alleged that the City had wrongly failed to pay them overtime in violation of the Fair Labor Standards Act.
The employees alleged that they performed pre- and post-shift activities, including conducting equipment checks, loading personal protective equipment, and exchanging information, without compensation. The City claimed that “60% of the essential duties and responsibilities include supervising, managing, implementing, and motivating fire personnel,” allowing it to exempt the employees from the requirements of the FLSA. The employees asserted that they could not be exempt from the FLSA because their primary responsibility is emergency response.
McGillivary Steele Elkin LLP and Livorno & Arnett Co., LPA, represented the fire captains and lieutenant. Sara L. Faulman was lead counsel for the plaintiffs.
For more information on this lawsuit, see The Register-Herald’s coverage of the settlement agreement.
For more information on an employer’s obligation to pay overtime, visit https://www.mselaborlaw.com/practice-areas/misclassified-ot-ineligible. If you believe that you have been improperly classified as FLSA-exempt, contact MSE at info@mselaborlaw.com
