Mississippi Lieutenant Files Two Suits against City

Posted by: Curt Varone December 16, 2020 0

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:

US_DIS_MSSD_2_20cv197_COMPLAINT_against_City_of_Laurel_Mississippi_filedDownload

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:

US_DIS_MSSD_2_20cv201_COMPLAINT_against_City_of_Laurel_Mississippi_FilinDownload

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

FDNY Settles FLSA Overtime Suit for $4.3 Million

The city of New York has agreed to settle the FLSA overtime claims of 326 fire inspectors for a grand total of $4.3 million. The lawsuit was filed last year by 26 original plaintiffs who alleged they were not compensated for all hours worked; their overtime was paid on an amount less than their regular rate; and the city failed to pay overtime in a timely manner.

Appellate Court Upholds Dismissal of Firefighter’s Gender Violence Suit

The Illinois Court of Appeals has upheld a ruling that dismissed the state law claims of a female lieutenant who claims she was assaulted by another officer, and then retaliated against when she reported it. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her against a wall at a structure fire on October 18, 2018.