BELLEVILLE - A retired assistant fire chief with the East St. Louis Fire Department claims the city has refused to pay overtime wages when he was required to work extra hours to make up for employment vacancies.
Derrick Burns filed the complaint in the St. Clair County Circuit Court against the City of East St. Louis, alleging violations of the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act and the Federal Fair Labor Standards Act.
According to the lawsuit by Burns was employed as an Assistant Fire Chief with the East St. Louis Fire Department until his retirement on May 16, 2020. The department had a fire chief and three assistant fire chiefs. During his employment, Burns agreed to work 24 hours and then he would be off work for 72 hours. His hourly rate was $36.96. However, Burns claims one of the assistant fire chiefs left the city's employment on Jan. 1, 2009, and no replacement was hired. As a result, he claims each assistant fire chief was expected to work 32 hours and then was off for 64 hours beginning Feb. 1, 2010.
On Sept. 30, 2014, another assistant fire chief retired and was not replaced, the suit states. Burns was then expected to work 44 hours and was off 52 hours until December 2015 when both vacancies were filled. However, both newly hired assistant fire chiefs later left the East St. Louis Fire Department, and Burns resumed working 44 hours at a time until his retirement.
Burns claims the city refuses to pay him overtime for the additional hours he worked when the assistant fire chief positions were vacant.
Burns seeks unpaid wages, plus 2 percent interest per month and attorney fees. He is represented by attorney George Ripplinger of Ripplinger & Zimmer LLC in Belleville.
St. Clair County Circuit Court case number 22-LA-414