Morgantown, firefighters ordered back to court over holiday pay issue

MORGANTOWN, W.Va. – Morgantown firefighters will go back to court for five years of holiday backpay on September 16.

The suit was filed by attorney for the International Association of Firefighters Local 313, Teresa Toriseva in June of 2019. The court date is scheduled following two-and-a-half years of litigation and four failed mediation attempts with four different professional mediators at taxpayer expense, according to Toriseva.

The lawsuit says the city violated state code for decades when they compensated firefighters for only 12 hours of time off for each holiday shift when they actually work 24 hour shifts. State law requires firefighters to be paid time-and-a-half, or be given equivalent time if the holiday falls on a work shift.

The city acknowledged the incorrect holiday pay calculations and corrected the situation moving forward with an ordinance in February of 2020.

Courts in Brooke and Beckley Counties have ruled in favor of firefighters in the same issue. Firefighters in Charleston were able to reach an agreement with city officials without litigation.

In a press release Toriseva said,” Litigating against firefighters to prevent them from being paid what they are owed fails the public
interest. All the firefighters can do now is return to Court on September 16, 2021 and continue to fight for their backpay.”