New Haven Register
NEW HAVEN, Conn. — A total of 174 current and former firefighters are suing the city in federal court for lost wages due to alleged overtime miscalculations that union President James Kottage said he believes will “add up to seven figures.”
The firefighters in the suit allege that the Fire Department failed to accurately calculate their regular rates for overtime compensation, a violation of the Fair Labor Standards Act.
The 174 firefighters are seeking a jury trial. They are looking to receive back pay compensations, liquidated damages equal to each firefighter’s unpaid compensation and the award of reasonable attorney’s fees, the suit says.
“The city has knowingly and willingly not been paying the proper amount,” said Kottage, one of the 174 plaintiffs in the suit.
The city office of the corporation counsel declined comment on the lawsuit.
“The City is aware of a class action suit having been brought by a large group of present and former Firefighters claiming under the federal Fair Labor Standards Act,” Acting Corporation Counsel John Rose said in a statement. “At the same time, it is the policy of the Office of Corporation Counsel not to comment on pending litigation.”
Eric Chester, the Rocky Hill-based attorney for the firefighters listed on the suit brought in U.S. District Court in Hartford, could not be reached for comment Thursday.
The Fair Labor Standards Act, or FSLA, states that workers should receive time-and-a-half pay for all hours worked over a prescribed threshold. In New Haven, that threshold is 212 hours within one 28-day work period for firefighters. From his or her 213th hour on, within that 28-day period, a firefighter should receive time-and-a-half pay, according to the FSLA.
Kottage and the other 173 plaintiffs allege, however, that this wasn’t the case.
For example, the suit claims, “Within the last three years, and continuing to date, while working as members of the Department, plaintiffs are assigned to work three 10-hour shifts, followed by three days and nights off, followed by three 14-hour shifts, followed again by three days and nights off. This schedule is then repeated. In addition to this schedule, plaintiffs routinely work additional hours causing them to work in excess of 212 hours in a work period. For example, in the work period covering February 11, 2015 through March 10, 2015, plaintiff David Tortora worked a total of 298 hours causing him to have worked 86 hours above the applicable FLSA threshold,” but was not properly compensated.
Though the alleged miscalculation of overtime pay dates back several years, the lawsuit pertains to the last three years and the current staff hours.
“This was a problem during the (former Mayor John) DeStefano administration and the (Mayor Toni) Harp administration has allowed it to continue,” Kottage said.
Kottage said he “stumbled upon” the alleged discrepancy while filing a grievance concerning overtime in early 2014. He said that he then spoke with then-Corporation Counsel Victor Bolden, the labor director, the comptroller and human resources.
“I pleaded and asked them to straighten out this matter before the fiscal year of 2014-15. Pay the guys the right amount and we’ll figure out the damages later. That didn’t happen,” he said.
In early 2015, Kottage said he brought the matter to the International Association of Firefighters. Kottage said the IAFF contributed a $15,000 grant to help with legal costs of the lawsuit.
Kottage also said he believes that more firefighters will join the 174 who already have signed onto the suit. He said he expects there eventually to be 200 people as plaintiffs in the lawsuit. There are roughly 350 active firefighters currently in the department.
“This could have all been avoided if everybody could’ve played nice in the sandbox,” Kottage said.
The issue of Fire Department overtime has been controversial for months as the agency worked to fill more than 100 open jobs and members of the Board of Alders criticized the amount that was being spent on overtime pay. In August 2014, for example, financial reports showed that overtime costs topped $916,000 for that month. The July 2014 report showed the department spent more than $550,000 on overtime.
Fire Chief Allyn Wright said in October that staffing problems would receive some help by early November as recruits would be entering the department. The Fire Department graduated 25 firefighters and made 60 promotions during a ceremony in May, including the first female captain in New Haven fire’s 153-year history and 18 more graduates joined the department in July.
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