California Battalion Chiefs File FLSA Suit Seeking Overtime

A group of current and former Battalion Chiefs with the Contra Costa County Fire Protection District have filed suit alleging the District misclassified them as exempt employees and failed to pay overtime as required by the Fair Labor Standards Act. The case was filed in Contra Costa County Superior Court on October 16, 2025, and was removed by the District to federal court on November 19, 2025. 

The plaintiffs—18 Battalion Chiefs—assert they are non-exempt employees under the FLSA and thus entitled to overtime. They claim that beginning “in or about August 2022,” the District improperly classified them as exempt. How they reached that conclusion is rather unusual.

According to the complaint, the District created the position of “District Chief” at that time and assigned to it what had previously been the administrative/executive duties performed by Battalion Chiefs. As such they no longer qualify for the executive, administrative, professional or highly compensated employee exemptions. Quoting from the complaint:

• Since the establishment of the position of District Chief in or about August 2022, the primary duty of Plaintiffs occupying the position of Battalion Chief (in non-special assignments) has not been management of the enterprise of the District, nor of office or non-manual work related to the District operations, nor the exercise of discretion and independent judgment with respect to matters of significance.
• Since the establishment of the position of District Chief in or about August 2022, the proportion of work time spent by Battalion Chiefs (in non-special assignments) on administrative or management duties comprise only about 20% of their work shift. The remaining 80% of time is dedicated to emergency response and preparation for such operations.

The complaint includes a detailed description of the day-to-day functions of Battalion Chiefs. Among the duties alleged:

• Performed as first responders with the primary duty to engage in fire suppression and related activity. Plaintiffs, under general direction, command a battalion consisting of several firefighting companies and respond to emergencies with such companies. Plaintiffs have no discretion to refuse to respond to such emergency calls;
• Must stay available for call status. Battalion Chiefs do not have the independence/discretion to decide if responding to an emergency call fits into their daily schedule. Rather, Battalion Chiefs must respond when dispatched;
• Must wear protective gear when responding to fires;
• Are certified firefighters and are required to participate in emergency response training and meet the physical standards requirements of firefighters;
• Do not perform staffing decisions nor planning as it pertains to how many personnel or where that number of personnel are assigned.
• Do not have the authority to hire or terminate employees. Additionally, Battalion Chiefs do not make a final decision of hiring or promotion. Battalion Chiefs’ suggestions or recommendations are similar to Fire Captains regarding hiring personnel and are limited to their role on the interview panel of candidates.

In terms of damages, the plaintiffs allege:

• They routinely worked hours exceeding the FLSA thresholds—53 hours in a 7-day period or 212 hours in a 28-day period
• The District paid them overtime only in limited circumstances
• When overtime was paid, it was based on the “base rate of pay,” excluding shift and specialty differentials (a regular rate error)
• Other fire suppression classifications working the same 56-hour schedule received FLSA overtime for hours above the 182-hour threshold in a 24-day work period
• The District “failed and refused” to pay required overtime “in a manner that is unreasonable, willful and in bad faith” 

The Battalion Chiefs seek unpaid overtime, liquidated damages, attorney’s fees, and costs. The complaint further notes that under federal law, plaintiffs may seek unpaid overtime for up to three years in cases of willful violations. They also seek a judicial declaration that they are entitled to overtime protection under the FLSA.