San Diego Fire-Rescue Department Wages $3.4M Settlement

Certain current and former San Diego Fire-Rescue Department (SDFD) employees may be able to benefit from a $3.4 million settlement with the city.

The settlement affects 705 current or former SDFD employees who joined the overtime case Kelley, et al. v. City of San Diego as a plaintiff.

Plaintiffs in the 2019 class action lawsuit alleged they and other “Group E” employees with the SDFD were not appropriately paid for overtime, a violation of the Fair Labor Standards Act (FLSA).

The SDFD denies all allegations of wrongdoing, but has agreed to the settlement in order to avoid the expense and uncertainty of continuing with litigation.

Each plaintiff will be paid the full amount the city owes them under the FLSA for the alleged underpayment of overtime compensation during the claims period, plus an equal amount in liquidated damages. 

The amount of each individual award will vary depending on factors such as how much eligible overtime each plaintiff worked and the amount of total Flexible Benefits Plan Credits they had available.

In order to receive a payment, plaintiffs must return a signed release to settlement administrator Simpluris.

These releases may be submitted online, by email, via fax at 714-824-8591, or by mail at:

SDFD Settlement
P.O. Box 26170
Santa Ana, CA 92799
866-719-5313

Once the city receives the release, the plaintiffs will receive their payments within 45 days.

Plaintiffs will receive two checks. 

Half the settlement is being paid as retroactive W-2 wages owed with the usual payroll deductions and contributions; the other half is being paid as liquidated damages and is subject to a 1099. 

Those who are actively employed by the city at the time the payment is made will have the wage portion of their settlement award added to their regular paycheck. This will be shown on the paystub as “FLSA Overtime Settlement.” 

Those who are former city employees at the time of their retroactive W-2 wage payment will receive a check by mail at the address provided.

Signed releases must be submitted by May 24, 2021.

Who’s Eligible

The Class is made up of 705 current or former SDFD employees who joined the overtime case Kelley, et al. v. City of San Diego as a plaintiff.

Potential Award

Varies.

Each plaintiff will be paid the full amount the city owes them under the FLSA for the alleged underpayment of overtime compensation during the claims period, plus an equal amount in liquidated damages. 

The amount of each individual award will vary depending on factors such as how much eligible overtime each plaintiff worked and the amount of total Flexible Benefits Plan Credits they had available.

Proof of Purchase

No proof of purchase is necessary for participation in this settlement.

Release Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Release Form Deadline

05/24/2021

Case Name

Final Hearing

02/08/2021

Settlement Website

SDFDSettlement.com

Claims Administrator

Settlement Administrator
Kelley et al v City of San Diego
c/o Simpluris, Inc.
P.O. Box 26170, Santa Ana, CA 92799
866-719-5313

Class Counsel

James Cunningham
CUNNINGHAM & MCLEAN

Defense Counsel

Alison Aciema
DEPUTY SAN DIEGO CITY ATTORNEY