Texas Volunteer Fire Department Hit with FLSA Suit

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A former employee of a Texas fire department has left her ex-employer with a parting gift: an FLSA lawsuit for unpaid overtime!

Jennifer Labourdette was the office manager the West I-10 Volunteer Fire Department, Inc. in Harris County, Texas. On Wednesday she filed suit in US District Court for the Southern District of Texas alleging that she was not compensated for the hours she worked each week in excess of 40.

The suit names the department and three members of the Board of Directors, Jose Ramirez, David Watson, and Clark Holzhauser. Labourdette is seeking damages going back three years from May 26, 2015. According to the complaint:

While working for Defendants, Plaintiff was required to regularly work regular hours, and overtime hours in excess of 40 hours during each seven-day workweek, for which she was not paid for.
Plaintiff is a non-exempt employee.
Plaintiff is entitled to receive regular pay, as well as overtime pay for all hours she has worked in excess of 40 during each seven-day workweek.
Defendants did not pay Plaintiff for all hours worked.
As such, Defendants have violated 29 U.S.C. § 201 et seq. by failing to pay Plaintiff for all hours worked in accordance to the FLSA.
Defendants knowingly, willfully, and with reckless disregard carried out their illegal pattern and practice regarding compensation due to Plaintiff.
Defendants do not possess accurate time records indicating the number of hours worked by Plaintiff.

Here is a copy of the complaint: Labourdette v West I-10

Incidentally, while not an issue in the case, the §207(k) exemption that allows municipal fire departments to work up to 53 hours per week without overtime, does not apply to volunteer fire departments that are not municipal entities. This includes most volunteer fire companies that are set up as private, non-profit corporations.

This fall we will be running a three-day conference in Indianapolis on fire service FLSA issues that addresses these concerns and more. Stay tuned for more information!

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Curt Varone has over 41 years of fire service experience and 29 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.