The Cullman Times
HANCEVILLE, Ala. — Four Hanceville city firefighters have filed a lawsuit against the City of Hanceville in federal court, arguing they are owed back wages for overtime.
The complaint was filed Dec. 18 in the U.S. District Court for the Northern District of Alabama and charges the city with violating federal guidelines in the Fair Labor Standards Act (FSLA) related to overtime pay.
Birmingham attorneys David Arendall and Allen Arnold are representing plaintiffs Gary Mikus, James Michael Butler, Michael Cornett and Zachary Thomas.
Mikus, Butler and Thomas are currently employed by the Hanceville Fire Department, and Cornett was terminated Oct. 14, according to the complaint. Mayor Kenneth Nail contends Cornett resigned after Nail suggested departmental changes when Roger Green was hired as fire chief.
Mikus was hired in 2009, Butler in August 2009, Cornett in September 2009 and Thomas in October 2010. The complaint states Butler had previously worked for the city in November 2007.
The plaintiffs claim they are entitled to overtime pay for hours worked in excess of those allowed under federal labor guidelines. Firefighters can receive overtime for any hours worked over 212 hours in a 28-day period, according to U.S. Department of Labor regulations.
In the complaint, the firefighters state they work 216 total hours during a four-week period, 96 hours one pay period and 120 the second.
“Despite plaintiffs’ request of defendant (City of Hanceville), plaintiffs have never been informed as to the work periods that defendant claims plaintiffs work performing their firefighter duties on behalf of the defendant,” the complaint states.
The suit states Mikus brought up the issue of overtime pay to former Fire Chief Alan Bolling, who retired in October, Green and Nail. No changes have been made despite Mikus’ complaints, according to the filing.
Nail said he has never been approached by a firefighter about a possible problem with overtime pay. He said he first learned of the situation Jan. 8, and later that day, the city council entered executive session to presumably discuss the lawsuit.
“If we’ve made a mistake, I want to fix it and pay them what they’re owed,” Nail said. “We could have avoided all this if someone came to me and we sat down and talked about it. I don’t want to cheat those guys out of a dime.”
Nail said the issue was discussed with Green, who was not familiar with the federal regulations. Green told Mikus he would investigate the matter, Nail said.
The plaintiffs ask the court to award them back overtime pay and damages and pay their attorneys’ fees. They also demand a jury trial to hear the case. U.S. District Judge C. Lynwood Smith Jr. is presiding.
Green and City Attorney Dan Willingham did not return calls for comment Thursday.
The city is required to file a response by Jan. 27 or face a default judgment.
Copyright 2015 The Cullman Times
All Rights Reserved