Former North Carolina Volunteer Fire Department Employees File FLSA Overtime Suit

Two former paid members of the North East Cabarrus Volunteer Fire Department & Community Center in Cabarrus County, North Carolina, have filed a suit alleging the department failed to pay overtime required by the Fair Labor Standards Act.

The class action lawsuit was filed by Joshua Smith and Kurt Johnson in the U.S. District Court for the Middle District of North Carolina. Smith alleges he began working for the department in January 2021 as a driver, was later promoted to the volunteer rank of Assistant Chief, and resigned on October 7, 2025. Johnson alleges he began working as a firefighter in January 2022 and resigned on April 25, 2025.

According to the complaint, the department has both paid and volunteer firefighters, with paid personnel scheduled for shifts of varying lengths, including 12-hour day shifts, 12-hour night shifts, and 24-hour shifts based on employee availability. The plaintiffs contend they regularly worked more than 40 hours in a workweek but were paid only straight time for all hours worked.

The complaint alleges that department payroll records listed all hours as “Regular Pay,” with no separate overtime code or overtime premium designation even when employees worked well beyond 40 hours in a week.

As examples, Smith alleges that during one pay period in April 2024 he worked 56 hours in one week and 60 hours in the next, for a total of 116 hours over two weeks. He claims he was paid his straight hourly rate of $14 per hour for all hours worked, resulting in 36 overtime hours paid without the required premium.

In another example, Smith alleges that during an August 2024 pay period he worked 71.5 hours in one week and 69 hours in the next, totaling 140.5 hours, again with all hours paid at straight time.

The complaint alleges Smith raised the overtime issue with the fire chief on at least two occasions, first shortly after beginning employment and again in 2025. According to the complaint, the chief responded that the department did not have to pay overtime because it was a nonprofit fire department and stated that the department “can’t afford to pay it.”

Johnson similarly alleges he complained about overtime and was told management “just doesn’t” pay overtime or “didn’t have to.”

The plaintiffs allege the practice affected other hourly firefighters employed by the department and seek to proceed as a collective (class) action on behalf of similarly situated employees who worked for the department during the past three years.

The suit seeks unpaid overtime wages, liquidated damages, attorneys’ fees, and court authorization to notify other eligible employees who may choose to join the case.