SAN DIEGO – Three fire captains for the San Diego Fire-Rescue Department allege they were retaliated against when they complained about not receiving overtime pay.

Marcus Alfaro, Derrin Austin and Piper Denlinger filed a complaint on Jan. 10 in the U.S. District Court for the Southern District of California against the city of San Diego and Brian Fennessy alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiffs allege that they suffered damages from being removed from their emergency radio operator positions in retaliation for complaining about not receiving overtime pay. The plaintiffs hold the city of San Diego and Fennessy responsible because plaintiffs allege they worked 56 hours per week and were not paid at a rate of time-and-one-half as compensation.

The plaintiffs request a trial by jury and seek unpaid overtime compensation, reinstatement, damages, liquidated damages, exemplary damages, all legal fees and any other relief as the court deems just. They are represented by Christopher C. Saldana and Carolyn A. Stiffler of Shewry & Saldana LLP in San Diego and Ryan Conger of Conger Law in San Diego.

U.S. District Court for the Southern District of California Case number 3:17-cv-00046-H-KSC

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U.S. District Court for the Southern District of California
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San Diego, CA 92101

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