Denver Firefighter Files Overtime Suit for Extra Hours at Fire Academy

A Denver firefighter has filed suit against the city claiming he was required to work more than 40 hours per week while attending the 18-week fire academy, and not compensated for those extra hours. Shane Walters filed the FLSA lawsuit in US District Court for the District of Colorado as a class action.

Walters attended the academy in 2022, and claims recruits were required to work from 4:30am to between 3:15pm and 4:00pm five-days a week, plus required to study after classes ended. He is seeking compensation for all of those hours, including study time. The suit also alleges that he was threatened earlier this year when he inquired into his right to compensation for the additional hours while attending the fire academy.

Quoting from the complaint:

  • Plaintiff Shane Walter was employed as a probationary firefighter and attended the Fire Academy during the period of August 15, 2022, through December 16, 2022.
  • Plaintiffs were paid their regular salary representing 40 hours of work per week for their work performed at the Fire Academy.
  • Plaintiffs worked five days per week at the Fire Academy, and Defendant required Plaintiffs to report to work at 4:30 a.m. each workday.
  • Plaintiffs’ training at the Fire Academy generally ended between 3:15 and 4:00 p.m. each workday, at which point Defendant required Plaintiffs to complete certain chores. Plaintiffs were assigned to one of six groups on a rotating basis throughout the Academy, and specific chores were assigned to each of these groups. These mandatory chores included tasks such as cleaning Plaintiffs’ stations and equipment, laying firehoses out to dry, emptying trash cans, and brewing coffee. Defendant did not compensate Plaintiffs for, or record, any time spent by Plaintiffs performing these mandatory chores beyond regular working hours.
  • Due to the schedule described above, Plaintiffs worked over 40 hours per week at the Fire Academy.
  • Plaintiffs were required to pass weekly written examinations while attending the Fire Academy. The material that was tested was not taught as part of Plaintiffs’ on-site training during regular working hours. Therefore, Plaintiffs were required to attend nightly study sessions conducted by the Denver Fire Department at the Academy and/or study the material while away from the Academy. Defendant did not compensate Plaintiffs for any time spent attending study sessions or studying independently, and Defendant did not place a limit on the amount of time Plaintiffs were permitted to spend studying independently. All time spent studying was in addition to the hours worked on-site by probationary firefighters each workday.
  • Each Plaintiff was required to spend at least one to two hours per night, three to four nights per week, to complete this mandatory studying at either nightly study sessions or independent study.

Walters pursued the matter earlier this year, but was rebuffed by ranking officers. He was formally advised that the academy hours were 0600 to 1430 hours each day, and that the city considered recruits to qualify for the “employee in fire protection activities” 7(k) exemption of the FLSA. Under the 7(k) exemption (29 U.S.C. § 207(k)), qualifying employees are only required to be paid overtime after working 53 hours per week, and allows the department to adopt a work period of up to 28 days. The complaint states the city uses a 21-day work period, which would mean that overtime is only required for firefighters working more than 159 hours in 3 weeks.

The case raises a number of interesting questions:

  • Is training time compensable to the same extent as other types of work?
  • Are recruits eligible for the 7(k) exemption?
  • Is study time compensable?
  • What happens when an employer’s time records conflict with those maintained by an employee?
  • Can a probationary firefighter ignore an FLSA violation until they are off probation and then raise a claim?
  • What are the consequences of threatening an employee who raises an FLSA claim, even if the claim is not valid?

We cover each of these important issues in our 3-day FLSA for Fire Departments program. The last delivery for 2024 is in Mesa, Arizona October 1-3, 2024. If these issues are of interest to you, please consider attending.

Here is a copy of the complaint:

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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