Fourteen current and former firefighters with the Pace Fire Rescue District in Florida have filed suit alleging the district violated the Fair Labor Standards Act by failing to include certification and educational incentive pay when calculating their overtime rate, and retaliated against them after they complained.

Andrew S. Adcox Jr., Joshua K. Anderson, Brenden C. Bailie, Tyler A. Brown, Patrick H. Garvey, Travis N. Herrera, George W. Jobb, Scott P. Kasper, Johnathan K. Krushke, Nathan S. Lovell, Robert D. McClelland Jr., Alec E. Morrow, Nathan T. Poole, and Nicholas B. Thompson filed suit today in U.S. District Court for the Northern District of Florida. They are seeking to pursue the case as an FLSA collective action on behalf of similarly situated employees.

According to the complaint:

• The District has adopted a fourteen-day FLSA work period pursuant to 29 U.S.C. § 207(k).
• Under Defendant’s scheduling practices, Plaintiffs are regularly scheduled to work one forty-eight-hour shift followed by ninety-six hours off, with the cycle continuously repeating.
• This schedule creates a repeating cycle of three fourteen-day work periods.
• During two of the three fourteen-day work periods, Plaintiffs are regularly scheduled to work 120 hours.
• During the third fourteen-day work period, Plaintiffs are regularly scheduled to work 96 hours.
• This three work period cycle repeats approximately eight (8) times over the course of the year.
• During each long work period, Plaintiffs work fourteen hours of regularly scheduled overtime above the applicable FLSA threshold of 106 hours for fire fighters under a fourteen-day § 207(k) work period. See 29 C.F.R. § 553.230.
• In addition to their regularly scheduled shifts, Plaintiffs routinely work additional hours that further increase the number of overtime hours worked during a work period.
• Plaintiffs are compensated at an hourly rate established by their position and pay classification with Defendant (hereinafter referred to as “contractual hourly rate”).
• Plaintiffs are compensated at one and one-half times their contractual hourly rate for hours work beyond 106 hours in a fourteen-day work period.
• In addition to base hourly compensation, Defendant provides employees with additional compensation, including certification pay associated with Fire Officer 1, Instructor, Fire Inspector, Safety Officer, Pump Operator, Live Fire Instructor, Paramedic, and similar certifications and educational incentive pay (herein after collectively referred to as “Incentive Pay”).
• The District calculates Incentive Pay annually by totaling all incentive amounts for which an employee is eligible and distributes that compensation throughout the year by paying one twenty-sixth (1/26) of the annual amount each pay period under a single “Incentive Pay” line item.
• [U]pon information and belief, Defendant failed to include Incentive Pay when calculating employees’ regular rate for purposes of overtime compensation.

The complaint uses a firefighter’s compensation during a September 22 to October 5, 2024 work period to illustrate the alleged underpayment. The firefighter worked approximately 145 hours, including 39 hours above the 106-hour FLSA threshold. His base hourly rate was $18.11, and he received $265.38 in incentive pay for certifications that included Fire Officer I, Instructor, Pump Operator and Paramedic.

The district allegedly paid the firefighter overtime at $27.17 per hour, or 1½ times his $18.11 base rate. The firefighters contend that once his incentive pay was included, his regular rate was $19.94 and his overtime rate should have been approximately $29.91. According to the complaint, the difference resulted in the firefighter being underpaid approximately $106.86 for that work period alone.

The firefighters claim they notified the district of the alleged FLSA violations in writing on December 20, 2024, and demanded payment of the overtime they believed they were owed. The complaint alleges that on June 3, 2026, the district made payments to certain employees that appeared to represent partial compensation for previously underpaid overtime. The firefighters contend those payments did not fully compensate them for the overtime owed.

The suit also includes an FLSA retaliation claim. The firefighters allege that on January 6, 2025, shortly after receiving their demand letter, the district cancelled previously scheduled overtime shifts and eliminated future overtime opportunities at Fire Station 4. They contend the overtime opportunities were eliminated because they had complained about the district’s overtime practices and asserted their rights under the FLSA.

The complaint contains two counts: failure to properly calculate and pay overtime under the FLSA, and retaliation in violation of the FLSA’s anti-retaliation provision. The firefighters are seeking unpaid overtime, an equal amount as liquidated damages, damages for lost overtime opportunities and retaliation, equitable relief, attorneys’ fees and costs.

Here is a copy of the complaint: