Massachusetts Fire Department Settles FLSA Lawsuit for $101k

The Town of Brookline has agreed to settle a class action lawsuit that alleged that firefighter overtime was not being paid in accordance with the Fair Labor Standards Act. The federal lawsuit was filed last year by two fire lieutenants, Brian Bergeron and Paul Trahon, who also happened to be union officers for IAFF Local 950.

The suit alleged the town improperly calculated firefighters’ regular rate by not including a wage augment for an Active Shooter/Hostile Event Response (ASHER) stipend; failed to pay firefighters for 3 hours of each 24-hour shift; miscalculated their hours-worked while substituting; failed to include certain extra hours worked; failed to maintain required payroll records; and failed to pay overtime in a timely manner. Here is a link to our earlier coverage, including a copy of the complaint.

The proposed settlement of $101,604.22 must be approved by the town’s Select Board. According to the Brookline News, the parties have been working cooperatively to resolve the claims, with a total of 73 of the town’s 119 firefighters being entitled to additional compensation.

Got FLSA questions? Our next delivery of FLSA for Fire Departments is February 11-13, 2025 in Indianapolis, Indiana. For more details, click here.

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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