City settles with firefighters for $1.5 million

The city of Battle Creek will pay $1.5 million to former and current firefighters who sued because of an overtime pay dispute, according to a settlement reached this week.

"We are pleased to have this resolved," City Manager Rebecca Fleury said in a news release Friday. "We look forward to continuing a positive relationship with the fire department."

Seventy firefighters filed a lawsuit in October 2013, seeking about $1 million following a U.S. Department of Labor investigation into unpaid overtime. Firefighters alleged they were not properly paid for additional hours because of their 53-hours-per-week schedules and 24-hour shifts, and they accused the city of rounding down hours when the firefighters worked less than 15 minutes of the hour.

Under the settlement, the firefighters maintain that the city violated federal and state wage laws, a claim the city denies. The city will pay $1.17 million to firefighters, $585,000 of which is for wages and the rest in liquidated damages. It will also pay about $330,000 in attorney fees, a mandatory reimbursement under federal law.

Last year, the labor department said the city was liable to pay only $73,265, which covered wages from a two-year period. Only 10 firefighters accepted their checks and waived the right to bring a civil suit against the city, acccording to the news release.

Battle Creek also had already paid $43,000 as part of a 2011 grievance by firefighters.

Officials said part of the problem was the bargaining agreement with firefighters from 1989, which have since been revised. Issues had not been brought up until another round of labor talks around 2011.

The city hired Varnum, a law firm with offices in Detroit and Grand Rapids, shortly after the lawsuit was filed.

You can view a copy of the settlement here:

Call Jennifer Bowman at 966-0589. Follow her on Twitter: @jenn_bowman