The FLSA provides that some employees with managerial duties are exempt from overtime pay due to their role as salaried personnel — but also says first responders generally do not meet the requirements for that particular exemption.

According to the lawsuit, the city “was put on notice” of the misclassification sometime prior to September 2023 — after which it implemented a 14-day work period for some firefighters.

WDSM FD Facebook photo

The firefighters allegedly worked more than 106 hours during those 14-day work periods and, according to the lawsuit, the city failed to compensate them for those additional hours at the legally required rate of overtime pay. The lawsuit does not specify the total number of uncompensated hours, or the total dollar cost associated with the work.

All of the plaintiffs are currently employed by the fire department except for Bingham, who was employed by the city from January 2006 through March 2024. Each of the plaintiffs are seeking compensation for unpaid overtime, plus interest and attorneys’ fees.

The City of West Des Moines has yet to file a response to the lawsuit, which was initially filed in Polk County District Court before being transferred to federal court. City Attorney Greta Truman did not return a call seeking comment Friday.