Louisiana Captain Files FLSA Class Action Suit

A Louisiana fire captain has filed suit claiming he and his colleagues were not paid overtime for the hours they worked that were in excess of the statutory maximum under the Fair Labor Standards Act. Brian Jackson filed suit in US District Court for the Middle District of Louisiana naming the Livingston Parish Fire Protection District 5 as the defendant.

According to the lawsuit, the fire protection district adopted a 14-day work period for which the statutory maximum is 106 hours. Jackson contends he routinely worked in excess of those hours, was not subject to any FLSA overtime exemption, but was paid his straight time wage for all hours worked. He also claims he received $500 per month in supplemental pay that should have been calculated into his overtime rate.

The suit is brought as a class action in Jackson’s name on behalf of “All hourly firefighters employed by Livingston Parish Fire Protection District 5 who were not paid overtime wages for all hours worked over one hundred six (106) in a two-week work cycle within the last three (3) years.”

The suit seeks damages, liquidated damages, interest, costs and attorney’s fees. Here is a copy of the complaint:

BTW – next week is our webinar: Advanced FLSA: Executive Exemption: Fire Officers and Overtime, April 27, 2022  1:00 PM Eastern

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.

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