Back Pay for Milford, CT, Firefighters Ordered by Court

Jun. 4—MILFORD — Firefighters have settled a federal lawsuit against the city of Milford regarding overtime pay for $400,000, the firefighters union announced.

"A new labor agreement ensures fair pay moving forward," Local 944 of the International Association of Fire Fighters posted on Facebook. "This settlement is not just about correcting past mistakes, it's about recognizing the tireless commitment of our firefighters, who work around the clock to protect your homes, businesses, and loved ones."

The settlement affects 88 current and former firefighters, who will receive a total of $300,000 in back pay, while the rest goes to pay their counsel, according to federal court documents.

Milford City Attorney Jonathan Berchem could not be reached for comment.

Firefighters sued the town in June 2023 in U.S. District Court, contending the town violated the Fair Labor Standards Act by failing to accurately calculate their pay. Overtime at 1 1/2 times the the firefighters' regular rate kicked in after 212 hours in a 28-day work period, according to the District Court.

The suit said the town failed to incorporate compensation under the collective bargaining agreement that included longevity pay, education incentive pay, uniform maintenance pay and holiday pay.

The FLSA requires virtually all money a non-exempt, or hourly, employee receives from an employer be included in the worker's regular rate of pay, retired firefighter Bill Maccarone wrote on his website, which the union linked to on its Facebook page. The law also requires overtime be paid at a rate not less than time and one-half of the employee's regular rate, Maccarone wrote. When an employer fails to include wage augments such as longevity pay in an employee's regular rate, the worker's overtime rate falls short of what the law requires, Maccarone wrote.

The town initially denied the merits of the complaint, but eventually agreed to the settlement, court filings indicate. For firefighters who are to receive back pay, individual amounts ranged from $3.97 to $23,643, according to a chart included with the settlement agreement.

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