The city of Blytheville has responded to reported firemen’s claims that they should be paid for being on-call, not just when they work a fire when off-duty.
“In response to questions arising regarding a labor lawsuit filed by Blytheville firemen, the City has not been served with any lawsuit and is not aware of any such lawsuit existing,” Blytheville city attorney Chris Brown wrote in a press release. “The City has, however, received a demand letter from attorney Jim Harris that indicated that Mr. Harris represents several firemen who feel that they have not been adequately compensated.”
“Myself, in conjunction with attorneys with the Arkansas Municipal League, are looking into the allegations contained in Mr. Harris’s letter,” Brown continued. “The City of Blytheville values all of its first responders and wants to compensate all employees fairly and according to both federal and state laws and it is the City’s understanding that they have been doing just that.”
Harris said Wednesday evening that the suit had not been filed yet, but he sent a letter to Mayor James Sanders, Brown, Fire Chief Mike Carney and all six city council members.
“As a former law enforcement officer I appreciate all of our first responders and want to ensure that they, along with all City of Blytheville employees, are being paid fairly,” Mayor Sanders said.
Brown continued, “Once the Municipal League attorneys and I evaluate the allegations contained in Mr. Harris’s letter and the relevant law, I will advise my client on its options and at that time we will take the next steps.”
In a press release published Wednesday, Harris said Blytheville firemen say they are not being paid the appropriate overtime in accordance with the Federal Fair Labor Standards Act (FLSA). According to Harris, 100 percent of line firemen are participating in the lawsuit.
At issue is a Blytheville Fire Department policy that requires a 50 percent attendance rate among BFD line personnel when an alert request is activated for a mandatory response for off-duty personnel.
“Attendance percentages will be reviewed quarterly,” a June 28, 2019 dated policy from Fire Chief Mike Carney reads. “Any member that fails to meet the 50% attendance requirement will be subject to progressive disciplinary action imposed at the discretion of the Fire Chief.”
Harris wrote that almost every BFD employee believes they have not been paid proper overtime.
The attorney contends the policy prevents firemen from activities like going out of town, to movie, out for dinner, etc. because they may be called back into work.
He said firemen are not paid overtime on the first 212 hours they work in any 28-day period. A 28-day period has a total of 672 hours, “meaning there are potentially 460 hours per 28 day period when the city’s firemen should have been compensated, but were not,” Harris said.
“If the failure to pay overtime by the city was not in good faith and without reasonable grounds for believing its actions did not violate the FLSA, any damages awarded to the firemen will be doubled by the court.”
Harris added each fireman can also be awarded attorney’s fees and the costs incurred in taking their cases to court.
“With more than 25 employees in the fire department, the city might be found to owe as much as $125,000 in past due compensation for each and every 28-day period going as far back as three years,” Harris said, noting that would total about $4.5 million.