EATON – Eaton City Council passed a resolution authorizing City Manager Brad Collins to sign a settlement agreement regarding overtime pay for City of Eaton Fire and EMS employees at their meeting on Monday, May 17 . Board member Gary Wagner was not present.

According to court documents filed with the United States District Court Southern District of Ohio, Western Division, the plaintiffs in the case alleged that the town of Eaton violated the Fair Labor Standards Act (FLSA) by failing to pay the time and half of overtime for hours worked. more than 212 hours in a work period of 28 days or more than 40 hours per work week.

The complainants, which include current and former employees of Eaton Fire and EMS, said they were performing pre-shift and post-shift activities for which they did not receive overtime pay. The plaintiffs were represented by James L. Quinn.

These responsibilities included checking equipment and loading personal protective equipment prior to their shift, as well as exchanging information regarding station maintenance, device issues and events in the workplace. previous quarter. The City of Eaton has not denied that employees perform these activities, but has denied that employees are required or encouraged to do so.

Court documents say that under the FLSA, “employers are required to pay a minimum wage as well as overtime compensation for hours worked in excess of forty hours per work week”, but exemptions exist. for people employed in “good faith, administrative or professional capacity.” “

The City of Eaton states, based on past job postings, that “60 [percent] Among the essential tasks and responsibilities are the supervision, management, implementation and motivation of fire personnel, ”which would fall under the overtime exemption mentioned above.

The plaintiffs, however, argued that their primary responsibility is emergency response, which would fall under the FLSA’s “first responder regulations”, under which executive and administrative exemptions do not apply to firefighters.

Due to the lack of clarity surrounding the primary duties of the plaintiffs, District Judge Michael J. Newman ruled that summary judgment for either party would be inappropriate.

According to city documents, the terms of the mediation settlement state that the plaintiffs “agree to reaffirm and sign their job description and agree to perform the duties and conditions of that description,” and the job descriptions will be amended to reflect the non-exemption status for captains. and lieutenants.

The settlement also accepts payment in a total amount of $ 185,000 – $ 100,000 to be paid by May 31, 2021 and $ 85,000 to be paid by Game 1, 2022.

In other cases

Collins said the city’s municipal paving project is expected to be completed as of this week. The streets included Eaton Avenue, Fudge Avenue, Miller Avenue, Romadoor Avenue, Leatherman Drive, Rehmart Drive, and Hook Park, as well as a few back alleys.

The Council adopted Ordinance 21-09 to modify the annual appropriations for the year ending December 31, 2021.

The March 2021 Fire and EMS report showed a combined response of 216 service calls: 143 EMS responses, including four second Medic responses; and 73 fire / rescue interventions, including three general alarms. In April 2021, the report reported 180 calls for services: 26 EMS responses, including five Medic responses; and 54 fire / rescue interventions, including four general alarms.

There were three responses to heroin overdoses in March and zero in April.

The next meeting of the Eaton City Council will be on Monday, June 21 at 6 p.m. in the city building.

Contact Braden Moles at 937-683-4056 or on Twitter @BradenMoles