Hermosa Beach firefighters allege department failed to pay overtime

By Noddy A. Fernandez | Dec 11, 2017

LOS ANGELES — Hermosa Beach firefighters are suing their department, alleging breach of contract in failing to pay overtime.

LOS ANGELES — Hermosa Beach firefighters are suing their department, alleging breach of contract in failing to pay overtime.

Aaron Marks, Matthew Hoyt, Thomas Surber, Scott Durkin, et al. filed a complaint Dec. 4 in U.S. District Court for the Central District of California against the city of Hermosa Beach, the Hermosa Beach Fire Department and Does 1-X, alleging violation of the Fair Labor Standards Act.

According to the complaint, starting in December. 2014, the firefighters  were required or permitted to work additional hours, in excess of 53 hours a workweek by the city of Hermosa Beach. However, the suit says, the plaintiffs were not paid overtime compensation for hours worked in excess of the regular 40-hour work work. 

The firefighters also say they were entitled to receive cash back payments for all unused portion of their medical benefits as agreed to in the contract for the employee option benefit program. 

The plaintiffs allege the defendants failed to comply with their obligation to follow the terms and agreement of the employee option benefit program and failed to compensate employees overtime compensation for the excess hours worked as required by FLSA.

The firefighters seek trial by jury, actual, consequential, liquidated and incidental losses and damages, attorney fees, court costs, and all other relief the court deems just and proper. They are represented by attorney Corey W. Glave of Hermosa Beach.

U.S. District Court for the Central District of California case number 2:17-cv-08739-FFM

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