CLARKSBURG, W.Va. (WBOY) — Dozens of Clarksburg firefighters are suing the city, alleging that they have not been properly compensated for their overtime hours, costing them millions of dollars.

The lawsuit, which was filed in the Harrison County Circuit Court on Tuesday, June 25, says that the “miscalculation” has not only caused the workers to be underpaid but has also led to “critical personnel shortages.”

According to the lawsuit, when hired, firefighters are given an annual salary which is then calculated into an hourly rate based on an estimate of hours worked per year, which was 3,328 hours until 2023 and 3,406 hours in 2024. However, according to the lawsuit, the employees work an average of 2,936 per year, meaning they are making more than 300 hours of pay less than their agreed-upon salary.

“The City’s erroneous use of either the 3,328 or 3,406-hour figure has led to a chronic
miscalculation of the Plaintiffs’ regular rate of hourly pay and overtime pay rate,” the lawsuit says.

The firefighters alleged that the miscalculation is a violation of the West Virginia Minimum Wage and Maximum Hours Standards for Employees and a breach of the employment agreement. They are asking for “all available relief and damages” plus costs and fees.

The lawsuit was filed by Toriseva Law in Wheeling and is available to read in full here.