Five Rockingham firefighters are suing the city, claiming it violated the Fair Labor Standards Act when it instituted a new system for calculating overtime in 2010. The change occurred following a lawsuit filed by 10 firefighters in 2009. The city claims the current system is the one firefighters sought in their 2009 suit.
And yes, the five firefighters suing now were among the plaintiffs in 2009.
The firefighters assert that the city has illegally deprived them of overtime pay and retaliated against them for the 2009 suit. They claim the new system effectively eliminates overtime and holiday pay.
The city claims the five firefighters actually want a return to the old system abolished by the 2009 settlement. Rockingham City Manager Monty Crump released a statement saying, “Ironically, the 2012 lawsuit … basically seeks to revert [the firemen’s] pay plan back to the way they were paid in 2009.”