New Hampshire Firefighters Win Wage & Hour Class Action Lawsuit

Being a firefighter is one of the most dangerous jobs out there — and it’s heartbreaking that a group of Seabrook, New Hampshire, firefighters were forced to file a wage and hour class action lawsuit to get their due compensation. In July 2013, a $207,000 settlement was awarded a group of firemen after they sued the town. 

The original wage and hour lawsuit was filed in February 2011, and surprisingly it wasn’t filed by the firefighters’ union. Instead, 25 retired and current firefighters filed the wage and hour lawsuit together. According to the complaint, there was a violation in that firefighters weren’t getting paid for two hours of work every week dating back to 2008. While the settlement was recently approved by selectmen, it also still has to be approved by a judge overseeing the case.

Town Counsel Joseph McKittrick has made a few statements about the firefighter’s wage and hour lawsuit, but he’s largely keeping mum. The only information McKittrick has released has simply been to confirm that the wage and hour laws were violated, according to the firefighters. He’s understandably wary about revealing much information until the settlement has been finalized.

It took a full day of mediation sessions to come to a settlement, which boils down to $195,000 in back wages complemented by $12,000 in attorney’s fees. However, the amount the town will pay for the back wages of the firefighters’ retirement funds have yet to be assessed. McKittrick isn’t comfortable guessing about that amount.

For the firefighters, this back payment has been a long time coming and each of them will receive a lump sum payment. McKittrick says that the firefighters will come to an agreement about how the lump payments will be made, which will happen sometime in August 2013. Going forward, the two hours will be added to the firefighters’ time cards and wages, which will aid in avoiding a similar problem down the road. There are still some kinks to iron out, such as which accounts the settlement funds will be withdrawn from — it may be coming from Seabrook’s reserves. Regardless of the source, it seems like many of the town’s key figures are on board to get this taken care of.

The Town Manager, Bill Manzi, wasn’t in his position during the entire process. He’s a relatively new addition, but has gone on record to say he’s impressed by McKittrick’s actions as well as the interim Town Manager’s work, Joe Titone. Had it not been for the agreed settlement, the amount owed might have been much higher. There were 104 hours in total per year for all of the 24 firefighters. Hourly wages differ based on position and seniority, so it’s estimated that the real cost is much higher than the $200,000 ballpark.

Wage & Hour Lawsuit Details

In Seabrook, a firefighter has a four-week rotation requiring each person to work two 24-hour shifts for three consecutive weeks. They’re also required to work one 24-hour shift during the fourth week. In total, that’s 168 hours in four weeks at around 42 hours per week. However, the firefighters say they were only being paid 40 hours per week. This type of scheduling is common in many areas of New England, but it’s considered a historic approach.

Reporters note that Seabrook is used to seeing union complaints, although this particular one happened with no union involvement. On the other hand, all of the firefighters in this wage and hour lawsuit were or are union members, and their employment lawyer is also the employment lawyer for the firefighters union. There has been no mention on why the firefighters didn’t choose to utilize the union for this grievance.

It’s also worth noting that the case went into mediation because that’s an automatic requirement in New Hampshire. All civil suits must enter mediation, and in this case the mediator was Terry Schumaker — who’s been called “very experienced” by McKittrick.

Are You a Wage and Hour Victim?

There are many ways to qualify for a wage and hour class action lawsuit including not getting paid for every hour worked, being forced to take unpaid breaks, not getting paid for overtime and being the victim of timecard shaving. If you feel you’re a victim, you may have a wage and hour legal claim. Find out more at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation. Once you submit your information, a skilled employment lawyer will contact you for a free legal review if you qualify.