The case Vickery v. City of Roswell, GA, which was initiated in 2022, highlights a claim that the City of Roswell’s pay practices has violated the Fair Labor Standards Act (FLSA) and Georgia state laws.
In this case, retired battalion chief Edwin Vickery from the Roswell, Georgia Fire Department claims that he and the other battalion chiefs were incorrectly designated as exempted from overtime. He insists to have held roles such as fire captain and battalion chief throughout his tenure with the Department. He claimed to often put in more than 212 hours throughout a 28-day workweek without being compensated for those extra hours.
The complaint also asserts that Roswell failed to pay Vickery for work completed outside of shift hours and neglected to keep correct time records for such labor.
Vickery also claims that Roswell willfully violated the FLSA by its actions and demands reimbursement for unpaid overtime pay, liquidated damages, legal fees, and litigation costs. A breach of contract lawsuit is also included, claiming that Vickery was not compensated by Roswell for earned PTO and holiday pay when he retired.
The case is still pending.
Key lessons from this case:
- Employers are required to accurately track, record, and pay workers for all hours worked, including any extra time put in before or after employees’ planned shifts on jobs.
- The case reaffirms the idea of offering fair compensation for extra labor. It emphasizes how crucial it is to guarantee that workers are fairly compensated for the extra hours they put in beyond the typical workweek.
- This case acts as a reminder of the difficulties and ramifications of overtime labor laws, including the requirement for adherence, the significance of court interpretation, and the employers’ burden of evidence.
If you want to know more about overtime regulations, read our guide on Georgia Overtime Laws.
