CLARKSBURG — More than 40 firefighters are suing the City of Clarksburg alleging it didn't pay them according to the law.
The plaintiffs in this lawsuit are 44 current members of the Clarksburg Fire Department and they claim they work extensive hours, often surpassing the standard full-time work schedule by about 41%, leading to significant amounts of overtime, according to the complaints filed June 25 in both Harrison Circuit Court and U.S. District Court for the Northern District of West Virginia.
However, Clarksburg has not compensated the firefighters correctly for this overtime, violating both state and federal laws, the complaint states.
Toriseva
"Public safety is the most important consideration for the City of Clarksburg. When wages are not paid according to law, it diminishes public safety," Teresa Toriseva told The West Virginia Record. "West Virginia citizens want firefighters protected the same way firefighters protect the rest of us."
For decades, the city has miscalculated the firefighters’ regular rate of pay, which in turn has led to incorrect overtime payments, the complaints state.
The miscalculation is based on an outdated and unsubstantiated figure of 3,328 hours per year, which later changed to 3,406 hours, and has resulted in the firefighters being underpaid by millions of dollars.
The plaintiffs have filed the lawsuits to recover their unpaid wages and overtime compensation.
The firefighters claim that they are similarly situated employees with common questions of law and fact, thus justifying a joint action under West Virginia law.
The firefighter plaintiffs include Mark Walsh, Neal Aldrich, Frank Barberio, Scott Bexfield, Michael Blake, Jonathan Brady, Dylan Brown, Jared Chapman, Michael Cross, Jonathan Currey, Billy Elko, Ian Fitzpatrick, Christopher Foster, Arden Fox, James Green, Brian Hall, Jon Hanschumacher, Jeremiah Hastings, Richard Jones, Walter Knight, Jaden Marino, Darren Martin, Jr., Justin Mayle, Stephen McIntire, Jace Neville, Ethan Phillips, Adam Pulice, Gerald Reel, Andrew Reynolds, Nathan Rohrbough, Chris Runner, Jeffrey Sanders, Patrick Sanjulian, Clayton Shingleton, Danny Snyder, Jason Stalnaker, Joshua Tompkins, Marion Watts, Christofer Webb, Jeffrey Webb, Justin Webber, Benjamin Woods and Jeffrey Wright.
The firefighters work in a rotation of 24-hour shifts and are divided into three shifts — known as A, B and C — each averaging 2,936 scheduled hours annually. This extensive schedule, combined with the city’s erroneous pay calculations, has led to chronic underpayment.
When hired, firefighters receive written agreements stating their annual salary, which includes base pay, longevity pay and special assignment pay. However, the city calculates their hourly pay by dividing the annual salary by an incorrect number of hours, 3,328 or 3,406, reducing their actual hourly rate.
West Virginia law mandates that employers pay non-exempt employees, including firefighters, overtime compensation at one and one-half times their regular rate for hours worked beyond 40 per week.
The plaintiffs claim Clarksburg has failed to comply with these requirements, resulting in violations of the West Virginia Minimum Wage and Maximum Hours Standards and the West Virginia Wage Payment and Collection Act.
The plaintiffs are seeking compensatory and liquidated damages They are represented by Toriseva, Joshua D. Miller, Andrew A. Carpenter and Gabriella T. Taverne of Toriseva Law in Wheeling.
The state court case is assigned to Circuit Judge Thomas A. Bedell.
Harrison Circuit Court case number: 24-C-151
