The city of San Jose, Calif. is facing a firefighters overtime lawsuit, which claims the city failed to pay the claimants overtime when they clearly worked the number of hours that qualify them for overtime rates.
The firefighters overtime lawsuit is being filed due to allegations that the city has repeatedly failed to compensate these firefighters overtime for over three years, with the claimants seeking compensation up until the present date.
This firefighters overtime lawsuit is being filed by over a dozen firefighters working in the city of San Jose including plaintiffs Erik W., Evan S., and Fernando M., each of whom directly works and is paid under the city’s authority. At all times relevant, plaintiffs were employed by San Jose and worked as firefighters and are currently working as fire captains for the city.
According to the firefighters overtime lawsuit, these firefighters worked on a 28-day shift schedule and regularly worked over 212 hours during these shifts. Even though these firefighters were owed an overtime rate of 1.5x their hourly rate, San Jose city officials allegedly failed to comply with state and federal minimum wage laws and continue to do so.
Overview of California Wage and Hour Lawsuit
California is one of the most progressive states in the country regarding labor laws, with $11.00 as the current hourly rate. Like the Fair Labor Standards Act (FLSA), California labor laws require employers to pay employees 1.5x their hourly rate if they reach overtime in their work hours.
In order to be eligible for overtime pay rates, the non-exempt employees must work over 40 hours a week or eight hours in a single workday. In addition to the overtime pay rate, California non-exempt employees also have the right to 30-minute meal breaks every five hours and a 10-minute rest break every four hours.
During the meal break, employees must be able to leave the employment premises and not perform any work during this time slot. For California non-exempt employees who have to work through their meal breaks or rest periods, the employer must compensate an extra hour of pay.
In order to be considered exempt from minimum wage benefits, the employee must make over a certain salary level and must have a certain level of authority over other employees. This can include hiring and firing other employees and having some administrative authority. In addition, contract employees are not normally eligible for minimum wage benefits, but specific regulations vary between states.
Overall, employers must adhere to federal and their respective state’s labor laws, especially when respecting overtime laws. Employers who are found to be in violation of minimum wage laws could face steep legal fines and other repercussions.
The firefighters overtime lawsuit is seeking compensation from unpaid overtime stemming back from March 11, 2013, to present. The firefighters involved in the claim state that the city of San Jose should have been following their state’s labor laws, but failed to comply and pay the well-deserved overtime.
This Firefighters Overtime Lawsuit is Case No. 5:18-cv-01406-SVK, in the U.S. District Court of Northern California.
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