Victorville firefighters settle class action suit against city

City cuts checks for backpay
September 26, 2008 - 3:50PM
BROOKE EDWARDS Staff Writer

VICTORVILLE • The city has decided to settle a class action lawsuit filed by the former Victorville Professional Firefighters, according to attorneys for the union.


“We were able to vindicate the rights of the firefighters,” said Sanjay Bansal, an attorney with Lackie, Dammeier & McGill.


There were 47 Victorville firefighters as plaintiffs in the class action suit, filed against the city and the Victorville Fire Department in November. The firefighters claimed Victorville was violating the federal Fair Labor Standards Act regarding employee wages and overtime.


After 10 months of negotiations with the city and litigation in federal court, Bansal said the city has started to pay.


“The city went ahead and agreed to pay them overtime and training costs,” Bansal said. “The firefighters just started to receive checks for the owed pay.”


Though he doesn’t have a definitive amount of backpay the firefighters are owed, Bansal said it’s at least a couple thousand dollars. The firm is now in the process of recouping attorney fees for the firefighters as well.


“The city could’ve saved themselves some money if they just went ahead and paid the firefighters what they were owed in the beginning,” Bansal said.


Andre de Bortnowsky, attorney for the City of Victorville, could not comment on active litigation, according to spokeswoman Yvonne Hester.


Marty Brown, president of the former union and one of the plaintiffs in the case, said the decision has a potential impact for all city employees.


“This law applies to all employees who have worked for the city or are currently working for the city and could be owed retro-actively to all city employees, not just the firefighters,” he said.


A federal judge also found in favor of the union in March 2007, ruling that a 31-year-old ordinance that prevented firefighters from talking to councilmembers was unconstitutional.

Brooke Edwards may be reached at 955-5358 or at bedwards@vvdailypress.com.