According to court documents filed on Monday in Indianapolis federal court, the Hendricks County Local 4406 of the International Association of Firefighters are claiming that the town of Brownsburg violated the Fair Labor Standards Act by failing to pay the workers overtime.
The lawsuit claims that the town of Brownsburg adopted an “alternative work period” for the workers, stating that if individuals work more than 212 hours in a 28-day work period, that is when the town is required to pay overtime.
Officials said that the workers normally work at least 216-240 hours every 28-day pay period. However, the lawsuit claims that the town of Brownsburg “refuses to pay… overtime wages for any amount of time worked over 212 hours during (the) 28-day… work period.”
“(The town’s) overtime payment practices affect all Plaintiffs in that Defendant regularly fails to pay Plaintiffs overtime wages for the overtime hours that Plaintiffs have worked,” the lawsuit reads.
The lawsuit also claims that the town did not “properly calculate” the proper overtime wage rates for the workers. The documents said that the town of Brownsburg has reportedly been on notice of the violations of the Fair Labor Standards Act and has “refused to remedy the issues.”
In the lawsuit, the plaintiffs are asking to recover liquidated damages “in an amount equal to their backpay damages” for the town’s “failure to pay overtime compensation” as well as liquidated damages equal to unpaid compensation.
The plaintiffs are also asking for a judge to order “a complete and accurate accounting of all the unpaid compensation to which each Plaintiff is entitled,” the documents read.
“While we always prefer to resolve issues amicably through dialogue, it is now necessary to bring this matter before a federal court,” said a statement from the Local 4406 provided to FOX59/CBS4. “We are confident that the court will enforce our members’ rights and ensure they are compensated fairly. Local 4406 remains committed to advocating for the rights of our members and ensuring compliance with federal labor laws. We urge the town of Brownsburg to reconsider its stance and work towards an amicable resolution.”
FOX59/CBS4 has reached out to the town of Brownsburg for a statement. This story will be updated if officials respond to the request for comment.
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