Virginia Fire Department Settles Overtime Lawsuit for $365,000
A federal wage-and-hour lawsuit filed by single-role EMS personnel with the Fredericksburg Fire Department has been resolved through a negotiated settlement. The case, Kirby et al. v. City of Fredericksburg, was brought by current and former EMS employees who alleged the City violated the Fair Labor Standards Act (FLSA) by failing to pay overtime compensation for hours worked in excess of 40 per week.
The plaintiffs were paramedics, EMTs, EMT-Advanced personnel, paramedic trainees, and EMS lieutenants assigned to the EMS division of the Fredericksburg Fire Department. In their complaint, they alleged they were single-role EMS providers who lacked legal authority and substantial training in fire suppression and therefore did not qualify for the FLSA’s § 207k partial overtime exemption applicable to employees engaged in fire protection activities. They alleged the City improperly applied that exemption and failed to pay overtime for regularly scheduled shifts that resulted in 48- and 72-hour workweeks.
According to court records and settlement documents, the City agreed to a total settlement payment of $365,000, which was paid by the City’s insurance carrier. The settlement was reached following court-ordered mediation conducted with the assistance of a U.S. magistrate judge.
The settlement funds were divided into two equal portions. Approximately $182,500 was allocated for payments to the individual plaintiffs, representing back wages and liquidated damages. Individual gross payments ranged from roughly $5,000 to more than $17,000 per plaintiff, depending on work history and alleged overtime hours. A second $182,500 was allocated to plaintiffs’ counsel, McGillivary Steele Elkin LLP, to cover attorneys’ fees, service awards, liquidated damages, and litigation expenses. Settlement records reflect that $7,229.91 of the total amount was designated for litigation costs, with the remainder subject to a one-third contingency fee arrangement.
After attorneys’ fees were deducted, individual plaintiffs’ net recoveries were reported to range from just over $6,000 to nearly $25,000, depending on the allocation of damages.
Under the terms of the settlement, the lawsuit will be dismissed with prejudice, and the City will receive a full release of the wage-and-hour claims asserted in the case. The settlement expressly states that the City does not admit liability.
A joint statement approved by both parties states that the lawsuit was resolved “to the mutual satisfaction of all parties.” Attached is the original complaint along with the settlement order.
