Excello Law US LLP attorneys J. Paul Gignac and Claire K. Mitchell have filed a federal collective action on behalf of Los Angeles County Fire Captain Jason Roelling, alleging that the County of Los Angeles has for years failed to pay firefighters for all the hours they are required to work. The complaint, brought under the Fair Labor Standards Act (FLSA), asserts that the Los Angeles County Fire Department has enforced an unwritten but mandatory practice requiring firefighters to arrive at least an hour before their scheduled shift start time, effectively forcing them to work without pay.
According to the filing, although LACOFD officially lists the beginning of each 24-hour platoon shift as 8:00 a.m., firefighters are required to arrive by 7:00 a.m. in order to relieve the outgoing crew. This “Clocking In Code of Conduct,” as described by the complaint, has become deeply ingrained in departmental culture and is reinforced through peer pressure and the threat of workplace hostility. Firefighters who appear only at their scheduled start time are allegedly subjected to harassment or other adverse treatment, leaving them little choice but to donate an hour of uncompensated labor every shift. The complaint also alleges that during emergency “recall” events – when firefighters must remain on duty beyond their normal shift – the County again fails to record or pay for the extra time worked.
As firefighters work under the FLSA’s special “7(k)” overtime rules, any unpaid hours increase not only their straight-time losses but also their unpaid overtime, once they exceed the overtime threshold of 182 hours in a 24-day work period. The lawsuit asserts that the County has long been aware of its legal obligations but has maintained these unlawful pay practices nonetheless. When Captain Roelling raised the issue internally, he was allegedly told that this is “a career, not a job,” and that correcting the timekeeping system “would cost the County millions,” signalling a known disregard for federal law.
Los Angeles County Fire Captain Jason Roelling, represented by Gignac and Mitchell, brings this action on behalf of himself and all similarly situated firefighters. The lawsuit seeks to recover the unpaid wages and overtime they are owed, along with liquidated damages and attorneys’ fees, as provided by the FLSA. It also asks the Court to declare that the County’s longstanding practices violate federal law and to authorize notice to other firefighters so they may join the case.
Through this action, Excello Law US LLP aims to ensure that Captain Roelling and other LACOFD firefighters receive the full compensation they have earned and to bring an end to pay practices that the complaint alleges have persisted for years at the expense of those who risk their lives to protect the public.
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