The Town of Brownsburg, Indiana has agreed to pay $465,000 to settle an FLSA lawsuit brought by current and former members of the Brownsburg Fire Territory over unpaid overtime and the improper calculation of their regular rates of pay. The settlement was approved by the US District Court for the Southern District of Indiana on October 22, 2026, and the case was dismissed with prejudice.

The suit was originally filed on May 5, 2025, by 67 firefighters who alleged that the town violated the Fair Labor Standards Act by failing to properly compensate them for overtime hours and excluding certain additional payments from their regular rates of pay.

According to the complaint, Brownsburg utilized a 28-day work period under Section 7(k) of the FLSA, requiring overtime compensation for hours worked in excess of 212 during each work period. Firefighters worked a 24-hour-on, 48-hour-off schedule. As a result, they regularly worked at least 216 or 240 hours during each 28-day period, exceeding the 212-hour overtime threshold.

The firefighters alleged that Brownsburg failed to pay overtime for all hours beyond 212-hours. The complaint also alleged that firefighters were only paid half their hourly rate when working certain overtime hours.

The second claim concerned the calculation of the firefighters’ regular rates of pay. According to the complaint, Brownsburg calculated hourly rates by dividing each firefighter’s annual salary by 2,756 hours, without including incentives, earned bonuses, and other premium payments. The firefighters contended that these additional forms of compensation should have been included when calculating their regular rates for FLSA overtime purposes.

Under the settlement agreement, the town will pay $141,341.63 in back wages, $117,341.56 in liquidated damages, and $206,316.81 in attorneys’ fees and expenses. The agreement provides for individual payments to the firefighters based on their respective wage claims, with the amounts allocated to back wages reported as pensionable compensation to the Indiana Public Retirement System.

The individual allocations for back wages and damages range from approximately $1,075 to $15,236, before applicable deductions and attorneys’ fees. The settlement agreement also provides for the release of the firefighters’ wage-related claims against the town and related entities arising before the agreement.

Brownsburg denied violating the FLSA and maintained that its compensation practices complied with federal law. The settlement agreement expressly states that the town admits no liability or wrongdoing. Attached are the relevant court documents.

For those concerned about overtime and compliance with the FLSA, our next delivery of FLSA for Fire Departments will be in Seattle, Washington December 7-9, 2026. Here is a link to more details. After that our next class will be in Concord, New Hampshire at the NH Fire Academy June 15-17, 2027.