West Monroe Firefighters Local 1385 v. City of West Monroe

111 So. 3d 330, 2013 WL 1115265, 2013 La. LEXIS 563
CourtSupreme Court of Louisiana
DecidedMarch 19, 2013
DocketNo. 2012-C-1937
StatusPublished
Cited by1 cases

This text of 111 So. 3d 330 (West Monroe Firefighters Local 1385 v. City of West Monroe) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West Monroe Firefighters Local 1385 v. City of West Monroe, 111 So. 3d 330, 2013 WL 1115265, 2013 La. LEXIS 563 (La. 2013).

Opinions

CLARK, Justice.

hWe granted this writ application to determine whether the minimum monthly salary referenced in La.R.S. 33:1992 includes the supplemental amount paid by the municipality for purposes of calculating wage differentials for higher-ranking firefighters. We find the interplay between La.R.S. 33:1992 and R.S. 33:2002 necessitates the exclusion of the enhanced amount of $300 from the base pay of a firefighter when calculating the pay differentials. Thus, we reverse the grant of partial summary judgment as to liability against the City of West Monroe in this suit and grant summary judgment in favor of the City of West Monroe, dismissing the plaintiffs’ suit in its entirety.

FACTS AND PROCEDURAL HISTORY

Pursuant to La. R.S. 33:2002(A)(1), the state of Louisiana pays firefighters a state supplement of $500 per month beginning after a firefighter’s first year. The legislature in 2006 amended La.R.S. 33:2002(A)(3) to allow a municipality to pay first-year firefighters a supplemental monthly payment “in the amount equivalent to the state supplemental pay, or any portion thereof’ and to authorize termination of such payment at the end of the first year as long as the reduction is disclosed in writing at the time the firefighter is hired. In compliance with La.R.S. 33:2002, the City of West Monroe (“the City”) paid a city supplement in the [332]*332amount of |¾$300 to its first-year firefighters.

In the instant litigation, there are five ranks of firefighters: firefighter, engineer/operator, fire captain, assistant fire chief, and chief. La.R.S. 33:1992(A) sets forth the minimum salaries to be paid to the differing ranks of firefighters, basing the pay differential on specified percentages above the “minimum monthly salary” of a first-year firefighter. The City did not include the $300 supplemental payment in its computation of the “minimum monthly salary.”

On March 1, 2010, current and former firefighters for the City of West Monroe (“Plaintiffs”) filed suit against the City, alleging that the pay practices in use violated La.R.S. 33:1992. Particularly, Plaintiffs argued the base salary, or “minimum monthly salary”, which is used to compute percentage differentials for higher ranking firefighters, failed to include the city supplemental pay of $300 per month. They contended the correct minimum monthly salary was $1,800, reflecting the $1,500 base salary in addition to the $300 supplemental salary. Without the supplement, the first year firefighters’ pay would not meet the minimum wage required by federal law. Conversely, the City argued the proper minimum monthly salary was $1,500 because the city supplement is only a temporary monthly payment given to first-year firefighters.

Plaintiffs amended their petition to include a claim under the Louisiana Wage Act pursuant to La.R.S. 23:631 for former employees to recover unpaid wages. Penalty wages and attorney fees were also sought.

On July 21, 2011, Plaintiffs filed a motion for partial summary judgment as to liability against the City. The City filed an opposition to Plaintiffs’ motion for partial summary judgment and filed a cross-motion for summary judgment as to all the claims brought by Plaintiffs, arguing that La.R.S. 33:2002 specifically | ^authorizes the City to calculate pay differentials in a manner that excludes the city supplemental pay.

The trial court held a hearing on the motions. It granted Plaintiffs’ motion for partial summary judgment as to the claims under La.R.S. 33:1992 for current firefighters and 23:631 for former firefighters. Additionally, it awarded attorney fees in the amount of $500. The trial court denied the City’s motion for summary judgment. In support of its judgment, the trial court explained:

The wage differentials set forth in La. R.S. 33:1992 shall be calculated on the actual minimum monthly salary (or starting base pay) of a fireman, including the city supplemental pay. The court specifically finds that the defendant City may not base the minimum monthly salary of first year firefighters for purposes of La.R.S. 33:1992 on an amount that does not meet the applicable minimum wage requirements of the Fair Labor Standards Act, 29 U.S.C. § 206. The defendant City’s policy of excluding the City supplemental pay from this calculation pursuant to La.R.S. 33:2002(A)(3)(a)-(c) contravenes La.R.S. 33:1992.

The court of appeal upheld the portion of the trial court’s judgment that granted Plaintiffs motion for partial summary judgment, but it reversed the ruling on attorney fees and remanded the matter for purposes of determining an award of back pay and appropriate attorney fees.1 The City filed a writ application with this court.

[333]*333We granted certiorari to determine whether La.R.S. 38:1992 obligates the City to include the supplemental pay as part of the “minimum monthly salary” of first-year firefighters for purposes of calculating wage differentials for higher ranking firefighters.2

| ..APPLICABLE LAW

Summary judgments are reviewed de novo on appeal, with the reviewing court using the same criteria that govern the trial court’s determination of whether summary judgment is appropriate, whether there is any genuine issue of material fact, and whether the movant is entitled to judgment as a matter of law. Louisiana Safety Ass’n of Timbermen Self-Insurers Fund v. Louisiana Ins. Guar. Ass’n, 2009-0023, p. 5 (La.6/26/09), 17 So.3d 350, 353. A court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La.Code Civ. P. art. 966(B); Costello v. Hardy, 2003-1146, p. 8 (La.1/21/04), 864 So.2d 129, 137.

DISCUSSION

As follows, La. R.S. 33:1992(A) sets forth the wage differentials for the differing ranks of firefighters and establishes that the salaries are based on the “minimum monthly salaries” of firefighters:

A. The minimum monthly salaries of firemen in municipalities having a population of twelve thousand or more and in the city of Bastrop and of all parish and fire protection district paid firemen, including salaries payable out of the avails of any special tax provided by the Constitution of Louisiana for increasing the pay of firemen, shall be in accordance with the following schedule, and such salaries shall be paid semi-monthly not later than the fifth and twentieth day of each calendar month:
(1) A fireman shall receive a minimum monthly salary of four hundred dollars per month.
(2) Engineers shall receive a minimum monthly salary of not less than ten percent above that of a fireman.
(3) Lieutenants shall receive a minimum monthly salary of not less than fifteen percent above that of a fireman.
ls(4) Captains shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman.
(5) Battalion chiefs and district chiefs shall receive a minimum monthly salary of not less than forty percent above that of a fireman.

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111 So. 3d 330, 2013 WL 1115265, 2013 La. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-monroe-firefighters-local-1385-v-city-of-west-monroe-la-2013.