Firefighters' FLSA Settlement Can't Include Union, Judge Says

By Max Kutner (March 8, 2021, 4:49 PM EST) -- A California fire department can't settle just yet with a proposed collective of firefighters who claimed they were shorted on overtime pay, after a federal judge refused to approve their agreement because it included a union and employees who had not joined the suit.

In an order Friday, U.S. District Judge M. James Lorenz denied a joint motion for settlement approval between the firefighters and the Borrego Springs Fire Protection District in Borrego Springs, California. Only employees who consent to join a suit can bring Fair Labor Standards Act claims, and a union cannot participate in a collective action, the judge...

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