1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

NICHOLAS CANBY, JOHN COLLINS, )

GEORGE DEMERTSIDIS, SEAN FENNESSY, )

MICHAEL FLAHERTY, WALTER FLORES, )

DANIEL GARITI, JOSHUA KOWALCZYK, )

JASON LAMBERT, KAREN O’SHEA, ) JURY DEMANDED

DOMINIC PACINI, DANIEL PAWLOWSKI, )

HEATHER PEACE, JOHN PETTINGER, )

LORI TIMOTHY, JOSHUA WISEMAN, ) Case No.

AMY WRONSKI, and STEVEN ZAMBELLO, )

On behalf of themselves and all others similarly )

situated, )

) 

Plaintiffs, )

)

v. )

)

CITY OF CHICAGO, a Municipal Corporation, )

)

Defendant. )

COMPLAINT

NOW COME the Plaintiffs, NICHOLAS CANBY, JOHN COLLINS, GEORGE

DEMERTSIDIS, SEAN FENNESSY, MICHAEL FLAHERTY, WALTER FLORES, 

DANIEL GARITI, JOSHUA KOWALCZYK, JASON LAMBERT, KAREN O’SHEA, 

DOMINIC PACINI, DANIEL PAWLOWSKI, HEATHER PEACE, JOHN 

PETTINGER, LORI TIMOTHY, JOSHUA WISEMAN, AMY WRONSKI, and 

STEVEN ZAMBELLO, (hereinafter referred to as “Paramedics”) by and through their 

attorneys, JAC A. COTIGUALA and BRIAN D. MASSATT, and bring this action on 

behalf of themselves and all others similarly situated, to recover from Defendant unpaid 

overtime compensation, liquidated damages, attorneys’ fees, and costs pursuant to the 

Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §216(b) (hereinafter “FLSA”). 

See Notices of Consent attached hereto as Group Exhibit A.

Case: 1:12-cv-00669 Document #: 1 Filed: 01/31/12 Page 1 of 5 PageID #:1
2

1. Jurisdiction over Paramedics’ claims is conferred on this Court pursuant to 

29 U.S.C. § 216, 28 U.S.C. § 1331 and § 1337.

2. Venue is proper pursuant to 29 U.S.C. § 1391 as Defendant, City of 

Chicago (“the City”), has its principal place of business and the events giving rise to the 

claims occurred within the geographic jurisdiction of this Court.

Count I – FLSA

Plaintiffs on behalf of themselves, complain against Defendant as follows:

3. At all relevant times, the City, has been a public agency, an employer, and 

an enterprise “engaged in commerce” as defined by Sections 3(d), (r) (s) and (x) of the 

Fair Labor Standards Act, 29 U.S.C §203.

4. At all relevant times, The City employed plaintiffs to work as only 

paramedics within the Fire Department’s Bureau of Emergency Medical Services, all in 

Chicago, Illinois. By virtue of their employment, Paramedics do not qualify for the 

overtime exemptions afforded to fire protection employees. 29 U.S.C. §207(k), 29 

C.F.R. §553.210.

5. Between January 1, 2009 and the present, Paramedics were not paid their 

wages at the appropriate rate for all hours worked in excess of 40 during certain work 

weeks in which each worked, in violation of the maximum hours provisions of the FLSA, 

to wit, 29 U.S.C. 207.

6. At all relevant times, Paramedics were “employees” of the City as defined 

by Section 3(e) of the FLSA. 29 U.S.C. §203(e).

7. The City paid Paramedics an annual salary for their regularly scheduled 

Case: 1:12-cv-00669 Document #: 1 Filed: 01/31/12 Page 2 of 5 PageID #:2
3

shifts and an overtime payment of 1.5 times the contractual hourly rate for work 

performed outside their regularly scheduled shifts.

8. The City failed to include all remuneration when calculating Paramedics’ 

regular rate of pay for FLSA overtime for hours worked in excess of 40 in a week.

9. The City paid Paramedics additional remuneration in the form of duty 

availability pay.

10. The City did not include duty availability pay in calculating Paramedics’ 

regular rate of pay for FLSA overtime for hours worked in excess of 40 in a week.

11. The City paid Paramedics additional remuneration in the form of acting 

pay, driving pay, specialty pay and fitness pay.

12. The City failed to include acting pay, driving pay, specialty pay or fitness 

pay in calculating Paramedics’ regular rate of pay for FLSA overtime for hours worked in 

excess of 40 in a week.

13. The City failed to properly calculate Paramedics’ weekly remuneration 

when calculating plaintiffs’ regular rate of pay for FLSA overtime for hours worked in 

excess of 40 in a week.

14. The City failed to properly calculate Paramedics’ FLSA overtime for 

weeks where Paramedics worked or attended continuing education training outside of 

their regularly scheduled shifts.

15. A majority, if not every, platoon duty paramedic employee of the City was 

not paid overtime in accordance with the FLSA.

16. Paramedics’ job duties and terms and conditions of employment, do not 

exempt Paramedics from the overtime and minimum wage requirements of the FLSA. 

Case: 1:12-cv-00669 Document #: 1 Filed: 01/31/12 Page 3 of 5 PageID #:3
4

WHEREFORE, Paramedics pray that this Court enter judgment in Paramedics’ 

favor and against the City, and that the City pay to Paramedics:

a. The full amount of wages due for all hours worked, and an equal amount 

in liquidated damages plus prejudgment interest as far back as a nonwillful violation of the FLSA allows;

b. Reasonable attorneys’ fees and costs; and

c. All other relief that this Court deems necessary and just.

Count II – FLSA – WILLFUL

Paramedics on behalf of themselves, re-allege and restate paragraphs 1-16 above 

as if fully set forth herein.

17. Between January 1, 2009 and the present, Paramedics were not paid their 

wages at the appropriate rate for all hours worked in excess of 40 during certain work 

weeks in which each worked, in violation of the maximum hours provisions of the FLSA, 

to wit, 29 U.S.C. 207.

18. At all times relevant hereto the City either knew or in reckless disregard 

should have known that Paramedics performed duties for which they were not paid 

overtime, in accordance with the FLSA. The City knew or in reckless disregard should 

have known that Paramedics were entitled to overtime compensation under the FLSA. 

The City knew or in reckless disregard should have known that it violated and continues 

to violate federal law by paying Paramedics less than required by the FLSA for overtime 

worked.

Case: 1:12-cv-00669 Document #: 1 Filed: 01/31/12 Page 4 of 5 PageID #:4
5

19. The City previously resolved an FLSA lawsuit on behalf of paramedics, 

Alex v. City of Chicago, 29 F.3d 1235 (7th Cir., 1994). As a result of that lawsuit, the 

City was well aware that the overtime provision of the FLSA applies to Paramedics and 

that it should make its pay conform with the requirements of the FLSA.

20. The City willfully violated the FLSA by failing to pay the appropriate rate 

for all hours worked over 40 in a week to Paramedics as required. 29 U.S.C. §201 et. 

seq.

WHEREFORE, Paramedics pray that this Court enter judgment in their favor and 

against the City, and that the City pay Paramedics:

a. The full amount of wages due for all hours worked, and an equal amount 

in liquidated damages plus prejudgment interest for as far back as a willful 

violation of the FLSA allows;

b. Reasonable attorneys’ fees and costs; and

c. All other relief that this Court deems necessary and just.

Respectfully submitted,

By: /s/ Jac A. Cotiguala

One of Paramedics’ Attorneys

Jac A. Cotiguala

Brian D. Massatt

JAC A. COTIGUALA & ASSOCIATES

431 South Dearborn Street, Suite 606

Chicago, Illinois 60605

(312) 939-2100

Dated: January 31, 2012

Case: 1:12-cv-00669 Document #: 1 Filed: 01/31/12 Page 5 of 5 PageID #:5