Pennsylvania Firefighter Alleges FLSA Overtime Violation

The president of Lancaster Professional Firefighters, IAFF Local 319 has filed a class action lawsuit in US District Court for the Eastern District of Pennsylvania claiming that the city has failed to include longevity pay in the regular rate for purposes of calculating overtime compensation. Geoff L. Stone is seeking to recover damages for the unpaid, improperly calculated overtime compensation, plus liquidated damages, attorney’s fees and costs.

The suit is one of the most common types of Fair Labor Standards Act (FLSA) suits we see in the fire service, claiming that the employer failed to include all of an employee’s wage augments in their overtime compensation. Wage augments commonly include longevity pay, incentive pay, specialty certification pay, shift differentials, and acting out of rank/step up pay.

While Stone filed the action by himself, all of the affected members will have the option to join in the lawsuit and recover damages. The FLSA allows the firefighters to recover two years of back wages from the day the suit was filed, three years if the violation is determined to be wilful.

Here is a copy of the complaint.

Here is a new article about the filing of the suit.

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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