Louisiana Local Wins Overtime Case

December 20, 2006 – The members of Houma, LA Local 1405 have scored two big victories in their fight for fair overtime compensation. For the first time, district chiefs are eligible for overtime compensation. In addition, fire fighters will be paid $48,118 in back wages as part of the same case.

“We are especially excited about the precedent-setting part of the ruling that allows district chiefs to be eligible for overtime,” says Terry Leonard, president of Houma Local 1405. “Now other Louisiana IAFF locals fighting the same battle will be able to benefit from our case.”

Previously, the parish government considered district chiefs administrative, salaried positions. However, based on evidence presented in the case, the judge ruled that chiefs perform shift work just as rank-and-file fire fighters do. Therefore, the district chiefs are also eligible for overtime.

The court also found that parish government had denied Local 1405 fire fighters Kelly Days if the day occurred while on vacation in order to avoid paying overtime compensation.

Judge George Larke of the Thirty-Second Judicial District Court for the Parish of Terrebonne ruled that the local government’s practice of requiring the forfeiture of sick leave or vacation day during a pay period in which an employee was scheduled for a Kelly Day was against the law.

Therefore, the Terrebonne Parish Consolidated Government was ordered to pay back pay for all Kelly Days effective October 26, 2002.