CLARKSBURG — The City of Clarksburg has agreed to a $1.25 million settlement over litigation alleging it didn't pay firefighters properly.
Clarksburg City Council met July 23 to discuss the case, which was filed in 2024 by 44 members of the Clarksburg Fire Department who sought to recover their unpaid wages and overtime compensation. The plaintiffs are members of IAFF Local 89.
The lawsuit was brought to correct hourly pay of Clarksburg professional firefighters that had been incorrectly calculated for years. After the lawsuit was filed, Clarksburg corrected the calculation to pay the firefighters accurately moving forward. After litigating for nearly two years, settlement discussions began.
The is the first settlement of its kind statewide to resolve.
The resolution included the forward fix of calculating their hourly pay correctly which resulted in a raise, the $1.25 million payment to cover back wages, attorney fees, court costs, 30 months paid PEIA upon retirement, a guarantee of no reduction in qualified PTO for at least two years and other favorable terms.
“The miscalculation had been going on for years,” lead plaintiff Lt. Mark Walsh told The West Virginia Record. “We, as professional firefighters, appreciate City Council approving this settlement. We took an oath to protect the citizens of Clarksburg.
“This settlement means we can refocus all of our attention on training, readiness and emergency response for Clarksburg residents. With the city recognizing and fixing the hourly pay issue, we look forward to an improved working relationship with the administration.”
Clarksburg Mayor Wayne Worth discussed the settlement after city council approved it Thursday.
“The litigation arose from an inadvertent error in the city’s calculation of the firefighters’ hourly rate of pay,” Worth said. “The city identified the miscalculation, brought the matter to the attention of the firefighters and thereafter corrected the error. Although the correction was made, the lawsuits remained pending until the parties were able to reach a negotiated resolution.
“Through the diligent efforts of the parties and their respective counsel, the parties have reached an agreement that will bring the outstanding litigation to a conclusion. The city appreciates the professionalism of all involved in resolving this matter and looks forward to maintaining a cooperative and productive working relationship with all members of the Clarksburg Fire Department.”
In 2024, the firefighters sued the city in both Harrison Circuit Court and U.S. District Court for the Northern District of West Virginia. The plaintiffs then were current members of the Clarksburg Fire Department who claim they work extensive hours, often surpassing the standard full-time work schedule by about 41%, leading to significant amounts of overtime, according to the complaints.
However, the firefighters said the city did not compensate them correctly for this overtime, violating both state and federal laws, the complaints state.
Some of the firefighters since have retired, but they still are part of the settlement. Thursday’s settlement also ends both the state and federal lawsuits.
Toriseva
“Public safety through readiness, retention, and recruitment is the goal of any professional firefighter,” attorney Teresa Toriseva told The Record. “This settlement is meaningful in ensuring the members of IAFF Local 89 can continue to be ready at all times.”
For decades, the city has miscalculated the firefighters’ regular rate of pay, which in turn has led to incorrect overtime payments, the complaints state.
The miscalculation is based on an outdated and unsubstantiated figure of 3,328 hours per year, which later changed to 3,406 hours, and has resulted in the firefighters being underpaid by millions of dollars.
The firefighters claim that they are similarly situated employees with common questions of law and fact, thus justifying a joint action under West Virginia law.
The firefighter plaintiffs include Mark Walsh, Neal Aldrich, Frank Barberio, Scott Bexfield, Michael Blake, Jonathan Brady, Dylan Brown, Jared Chapman, Michael Cross, Jonathan Currey, Billy Elko, Ian Fitzpatrick, Christopher Foster, Arden Fox, James Green, Brian Hall, Jon Hanschumacher, Jeremiah Hastings, Richard Jones, Walter Knight, Jaden Marino, Darren Martin, Jr., Justin Mayle, Stephen McIntire, Jace Neville, Ethan Phillips, Adam Pulice, Gerald Reel, Andrew Reynolds, Nathan Rohrbough, Chris Runner, Jeffrey Sanders, Patrick Sanjulian, Clayton Shingleton, Danny Snyder, Jason Stalnaker, Joshua Tompkins, Marion Watts, Christofer Webb, Jeffrey Webb, Justin Webber, Benjamin Woods and Jeffrey Wright.
The firefighters work in a rotation of 24-hour shifts and are divided into three shifts — known as A, B and C — each averaging 2,936 scheduled hours annually. This extensive schedule, combined with the city’s erroneous pay calculations, has led to chronic underpayment.
When hired, firefighters receive written agreements stating their annual salary, which includes base pay, longevity pay and special assignment pay. However, the city calculates their hourly pay by dividing the annual salary by an incorrect number of hours, 3,328 or 3,406, reducing their actual hourly rate.
West Virginia law mandates that employers pay non-exempt employees, including firefighters, overtime compensation at one and one-half times their regular rate for hours worked beyond 40 per week.
The plaintiffs claimed Clarksburg had failed to comply with these requirements, resulting in violations of the West Virginia Minimum Wage and Maximum Hours Standards and the West Virginia Wage Payment and Collection Act.
The plaintiffs sought compensatory and liquidated damages They are represented by Toriseva and Joshua D. Miller of Toriseva Law in Wheeling. The firm has represented firefighters in several similar lawsuits across the state, including pending cases in Bluefield and Morgantown. Tiffany Durst of Flaherty Sensabaugh Bonasso represented the city.
“West Virginia citizens want firefighters protected the same way firefighters protect the rest of us,” Toriseva told The Record. “We’re preparing to file the same case in other major West Virginia cities where the hourly rate is being miscalculated.”
The state court case was assigned to Circuit Judge D. Andrew McMunn.
Harrison Circuit Court case number: 24-C-151
