01/06/2026
The City of Fredericksburg has agreed to pay $365,000 to 15 current and former first responders, compensating them for “back pay, liquidated damages, service awards, attorneys’ fees, and litigation expenses,” according to court documents obtained by hyperbole.
That amount will be covered by the city’s insurance policy, those records state.
The settlement was signed by City Manager Tim Baroody.
The City of Fredericksburg stood accused by more than a dozen EMS staff of an "asserted failure to pay overtime compensation properly under the FLSA" over several years, the records show.
According to documents, the prospect of a settlement arose after mediation was ordered by the Eastern District Court of Virginia on October 6, 2025. One month later and with the assistance of US Magistrate Judge Colombell, records state that both parties reached terms that were “fair, reasonable, adequate and in the Parties’ mutual interest.”
That $365,000 settlement arrived in a pair of payments.
The City of Fredericksburg agreed to make one series of payments (in the form of checks and direct deposits) totaling $182,500, with amounts ranging from $5,000 to more than $17,000 distributed to each plaintiff. Documents labeled this “the Backpay Amount.”
A second, single check in the amount of $182,500 for the liquid damages, service awards, attorneys’ fees and litigation expenses was given to the plaintiffs’ counsel, McGillivary Steele Elkin LLP. That firm will keep 33.33% of the settlement amount prior to distributing the liquid damages to the plaintiffs, those documents state.
Court records show that individual plaintiffs will see total compensation ranging from just over $6,000 to nearly $25,000. That’s after each pays their third in attorneys’ fees, while another $7,229.91 from the total settlement was allotted for expenses.
hyperbole originally reported about the lawsuit last spring, writing that 16 City of Fredericksburg EMS staff alleged that they were deprived of three years worth of overtime compensation under the Fair Labor Standards Act (FLSA). Their complaint stated that the city was improperly classifying them under a 207(k) exemption reserved for police and firefighters.
Instead of basing overtime on time worked in excess of the traditional 40 hours per week, that exemption establishes a separate work period for calculating overtime between 7 and 28 days. Employee overtime is determined based on the number of excess hours worked during those defined periods, which for law enforcement officers is all time over 171 work hours and for firefighters is 212 hours.
According to their original complaint, the plaintiffs maintained they aren’t involved in fire suppression activities, stating that they lacked the legal authority, necessary training, weren’t issued equipment and weren’t required to obtain any firefighter certifications.
For their side of the settlement, the City of Fredericksburg gets a dismissal of the original complaint and are “fully and forever released” from “all Federal wage and hour claims asserted in the Lawsuit.”
“The City does not admit any allegations made against it in the Lawsuit,” court documents state.
The settlement also secured silence, with both parties agreeing to recite the following approved statement with regards to the settlement:
“The City of Fredericksburg is pleased to report that, thanks to the City’s insurance coverage, the Kirby et. Al v. City of Fredericksburg lawsuit has been resolved to the mutual satisfaction of all parties. The City and the Plaintiffs look forward to continuing to provide high-quality services to the City’s residents and visitors.”
The City of Fredericksburg did not address hyperbole’s questions about the settlement, the public statement, or the city’s treatment of staff.
Instead, the following statement and memo (attached) were provided by Fredericksburg Public Information Officer Caitlyn McGhee.
“This matter has been resolved by a settlement agreement (as noted in City Council’s Consent Agenda on November 18, 2025). While the settlement terms remain confidential and the City did not concede liability, the City has communicated with Fire Department staff about post-settlement operational changes.”
City Manager Tim Baroody did not respond to any direct inquiries related to the settlement.
With regards to how the settlement will impact recruiting and retention, the city has the funds for a plan.
“The City has engaged a consultant to engage in an effort to develop a plan for the Fire Department that will include considerations of important recruitment and retention efforts,” McGhee replied.
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