North Carolina Volunteer Fire Company Sued for FLSA Violation and Retaliation

Two former employees of a volunteer fire company in North Carolina have filed suit alleging they were not paid overtime in accordance with the Fair Labor Standards Act, and one claimed he was terminated for complaining about it. Akash Patel and Aaron Garbus filed suit in US District Court for the Western District of North Carolina naming the Robinson Volunteer Fire Department and its fire chief as defendants.

Both Patel and Garbus were employed by the fire company since 2016. Garbus left voluntarily in 2023 while Patel was terminated in August 2024. The complaint explains the facts as follows:

• Throughout their employment with Defendants, Plaintiffs received monthly paychecks from Defendants that did not properly record or compensate them for all overtime hours that they worked.
• From January 2021 to September 2021, Defendants scheduled employees to work one of two shifts, day shift or night shift. Employees were, however, permitted to work both shifts. Employees working the day shift were scheduled to work a 10-hour shift from either 7:00 a.m. to 5:00 p.m. or 9:00 a.m. to 7:00 p.m. Employees working the night shift were scheduled to work a 13-hour shift either from 6:00 p.m. to 7:00 a.m. or 7:00 p.m. to 8:00 a.m.
• In or about October 2021, Defendants added an additional day and night shift. The additional day shift went from 8:00 a.m. to 6:00 p.m. The additional night shift went from 7:00 p.m. to 7:00 a.m.
• In or about August 2022, Defendants changed the scheduled start times and lengths of the day and night shifts. Employees working the day shift are scheduled to work an 11-hour shift from either 7:00 a.m. to 6:00 p.m. or 8:00 a.m. to 7:00 p.m. Employees working the night shift are scheduled for 13 hours from either 6:00 p.m. to 7:00 a.m. or 7:00 p.m. to 8:00 a.m.
• During the relevant time period to this lawsuit, Patel worked 4–5 days per week on either the day or night shift and sometimes worked both. Because Patel typically worked 4–5 10- or 13-hour shifts per week, he worked more than 40 hours per workweek during one of more weeks during the relevant time period. However, in or about November 2023, Patel reduced his scheduled hours to about 25 hours per week.
• During the relevant time period to this lawsuit, Garbus worked 4–6 days per week on either the day or night shift and sometimes both. Because Garbus typically worked 4–6 10- or 13-hour shifts per week, he worked more than 40 hours per workweek during one or more weeks during the relevant time period.
• Up until January 2023, Defendants did not pay Firefighters overtime at the proper overtime premium rate of pay. Instead, Defendants compensated Firefighters at their hourly rate of pay for all hours worked.
• Defendants violated the FLSA by failing to properly compensate Plaintiffs at their overtime premium rate of pay for all hours worked in excess of 40 in a workweek.
• However, on or about January 9, 2023, Defendants implemented a “variable rate” overtime payment scheme.
• Under Defendants’ “variable rate” overtime payment scheme, Plaintiffs were required to work 171 hours in a thirty-day month, 171 hours in a 31-day month, and 160 hours in February to be eligible to earn overtime.
• Defendants’ “variable rate” overtime payment scheme violated the FLSA by failing to compensate Plaintiffs at the proper overtime premium rate for all hours worked in excess of 40 in each workweek during their employment.
• Plaintiffs were subject to Defendants’ uniform policies and practices and were victims of Defendants’ scheme to deprive them of overtime compensation. As a result of Defendants’ improper and willful failure to pay Plaintiffs in accordance with the requirements of the FLSA, Plaintiffs suffered lost wages and other related damages.

Patel alleges he initially complained to a fire company board member about the FLSA issue in January, 2024, but never heard anything definitive back. In June he again raised the issue, going so far as to seek a meeting in executive session with the board. When Patel was terminated in August, his severance-pay included compensation for the unpaid overtime hours he claimed he was wrongly short-changed.

The firefighters are seeking overtime for all hours worked over 40 per week going back three-years, plus Patel is seeking damages for retaliation. Here is a copy of the complaint: