Hackensack Firefighters Seek Overtime for Off-Shift Inspection Work

Sixteen members of the Hackensack Fire Department have filed suit seeking overtime compensation for the time they conducted various inspections outside on their normally assigned shifts. The firefighters allege they were paid $25 per hour while performing the inspections, which is substantially lower than their current hourly rate.

The suit was filed in Bergen County Superior Court alleging a violation of state wage and hours law. It does not allege a violation of the Fair Labor Standards Act. Quoting from the complaint:

• Over the course of many years, all of the above-named individuals performed various inspections on behalf of the fire department in various office buildings, suites and offices in the City.
• For these inspections, all of which were conducted outside of their regularly scheduled contractual hours, they received 25.00 per hour for these inspections.
• When all of the above-named individuals began their employment with the City, the above practice had been ongoing for a number of years prior to their employment.
• As a result, and at the time of their employment, there was no need to question the process or the pay.
• The above-named individuals believed that these inspections were not part of their job and accordingly, did not question the amount of pay they received for these inspections.
• Unbeknownst to these individuals, conducting these inspections were part of their duties as a firefighter and/or dispatcher.
• According to the New Jersey Civil Service Commission part of the duties of a firefighter include (but are not limited to) “making periodic inspections and issues citations to ensure compliance with safety regulations.”
• The New Jersey Civil Service Commission has expressly found that municipal firefighters performing fire prevention inspections are not performing “out of title” activities. 11. At the time of these inspections, most, if not all of the firefighters were earning $72.00 per hour, if not more.
• Time and a half for these employees would be at least $108.00 per hour, if not more.

The complaint alleges a violation of New Jersey Wage and Hour laws, and specifically NJSA 34:11-56a4(b)(1), which reads:

• An employer shall also pay each employee not less than 1 1/2 times such employee’s regular hourly rate for each hour of working time in excess of 40 hours in any week, except that this overtime rate shall not apply: to any individual employed in a bona fide executive, administrative, or professional capacity….

Here is a copy of the complaint: