The U.S. District Court for the District of Massachusetts has approved a settlement agreement between 118 Brookline firefighters and the Town of Brookline, resolving allegations that the town violated the Fair Labor Standards Act and the Massachusetts Wage Act by miscalculating overtime pay.
The suit was brought in late 2023 by firefighters Brian Bergeron and Paul Trahon on behalf of themselves and similarly situated members of IAFF Local 950. The plaintiffs alleged that the Town failed to count all hours worked and failed to include all required wage components—such as the Active Shooter/Hostile Event Response (ASHER) stipend—when calculating overtime pay. They also claimed the Town improperly excluded certain work hours, including out-of-class assignments, some shift swaps, and contractual overtime such as “COVID overtime hours.”
Under the FLSA’s Section 7(k) exemption for public safety employees, the plaintiffs were entitled to time-and-a-half pay for hours worked over 212 in a 28-day cycle. The suit alleged that the Town regularly undercounted qualifying hours by only crediting 21 hours of a 24-hour shift and by failing to properly certify and document worked time.
The firefighters also challenged the Town’s classification of deputy fire chiefs as exempt employees and alleged that Brookline failed to maintain proper payroll records as required under federal law.
Negotiations began prior to the suit but were unsuccessful. Following the filing of a third amended complaint in early 2024, the parties reached a settlement in principle. The final agreement, approved by Judge Julia Kobick on May 14, 2025, provides that the Town will pay $101,604.22 to settle the claims. This figure represents nearly 100% of the damages sought by the plaintiffs for unpaid overtime between March 29, 2020 and June 15, 2024, excluding claims by the deputy chiefs, who remain classified as exempt.
Importantly, the Town also agreed to revise its FLSA payroll practices going forward. These changes include counting the full 24-hour shift for FLSA purposes, including the ASHER stipend in the regular rate, crediting shift swap hours properly, and counting all out-of-class and contractual overtime hours.
While the Town did not admit any liability, it has implemented the changes retroactively beginning June 16, 2024. In exchange for the payment, the plaintiffs agreed to release all claims arising from the facts alleged in the suit, including any claims for liquidated or multiple damages.
The court found the agreement to be fair, reasonable, and the product of arm’s-length negotiations between experienced counsel. Notably, the entire settlement will be distributed to the firefighters, as the union covered their legal fees—an uncommon feature in wage-and-hour settlements, where attorneys typically receive a third of the settlement.
Here is a copy of the decision.
