Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A Mississippi fire lieutenant who claims he was passed over for promotion on several occasions, has filed two lawsuits in federal court against his department. Lt. Lonnie Johnson filed the first suit against the City of Laurel in October alleging a violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). His second suit was filed last month alleging a violation of the Fair Labor Standards Act (FLSA).
In the USERRA case, Lt. Johnson contends that following a deployment as part of the Army Reserves in 2014, he was wrongfully passed over for promotion to lieutenant. After he complained he was promised the next promotional opening. When that next opening occurred, he was again passed over. Earlier this year he was passed over again, promoting him to file a formal grievance.
In August, 2020, Lt. Johnson was finally promoted to lieutenant. The suit claims had he been promoted when he should have been in 2014, he would have been in line for promotion to captain this past August. Here is a copy of that lawsuit:
Lt. Johnson’s second suit claims the city violated the FLSA by failing to pay overtime properly. As explained in the complaint:
- Plaintiff and other firefighters… work between two hundred sixteen (216) and two hundred sixty-four (264) scheduled hours per month.
- Defendant only pays Plaintiff and other firefighters overtime pay for two (2) hours each month of the scheduled hours they work even though they are owed overtime wages for a substantial amount more each month
- Defendant violated the FLSA by not paying all overtime wages owed to Plaintiff for all overtime hours worked.
The suit seeks class action status on behalf of all similarly situated firefighters. Here is a copy of the FLSA lawsuit:
