An interesting Fair Labor Standards Act (FLSA) lawsuit was filed on October 12, 2010, by a police lieutenant and member of the Chattanooga Police Department (Department) alleging that the Department failed to properly pay overtime to him and others similarly situated under the FLSA. It appears that the claim period in which lost overtime is sought started on or about July 20, 2010, according to the complaint that was filed in the U.S. District Court for the Eastern District of Tennessee.
The July 20, 2010 timeframe appears to relate to the date in which the City Personnel Officer for the City of Chattanooga issued guidance on positions within the municipality that were to be considered exempt from Section 7(K) of the FLSA. One of the recommendations apparently involved a recommendation that police lieutenants in the Department were to be considered exempt.
The lawsuit also contends that the Department “failed to keep appropriate records as required by the FLSA . . . .” The civil action appears to be fairly straight forward and involves a claim that the Department failed to pay FLSA wages for overtime hours worked to a police lieutenants. These cases typically take some time to develop and it is believed that more facts about the changes within the Department will likely be available when the case moves into the litigation stage. It is likely that the complaint will eventually be amended and additional contentions provided. For a copy of the complaint please click here Download Chattanooga Complaint FLSA