McCaysville accused of wage crimes
Former McCaysville police officer William “Billy” Brackett is suing the city in U.S. District Court for unpaid work time, unpaid overtime, liquidated damages and attorney’s fees and costs for all hours worked in excess of 40 hours in a single work week or 86 hours in a 14-day work period.
Brackett filed his Fair Labor Standards Act lawsuit through his attorney, Donald W. Benson of Kenneth S. Nugent, P.C., Attorneys at Law, August 4, 2020. The first indication of the lawsuit came at the McCaysville City Council meeting Tuesday, March 9, when council members voted to go into executive session to discuss legal matters. An open records request by The News Observer produced a copy of the lawsuit the next day.
Brackett was one of two officers let go by the McCaysville City Council July 14, 2020. At the time, the council claimed a reduction in the police force was needed to meet the city budget. Brackett claims the move was in retaliation because he asked about overtime and comp time for his position.
Brackett was serving as captain, chief detective in the police department when he was dismissed.
Brackett’s lawsuit alleges he was routinely paid for 85.5 hours every two weeks at a straight time rate with no overtime rate of pay.
Brackett says his regular work schedule was 8 a.m. until 4 p.m., Monday through Friday, but as captain and detective he regularly performed additional work outside that schedule. That work included responding to department related phone calls, interviewing witnesses and visiting crime scenes as well as completing reports and handling other paperwork.
Brackett alleges the chief of police as well as other supervisory level employees of the city knew, or should have known, of his situation.
Brackett said the city routinely paid police officers, including himself, for overtime hours July through October or November of each year. But around October or November, the chief of police or assistant chief would announce the city would not pay for overtime hours worked. Brackett said he was instructed by the city not to submit time for work actually performed outside his regular work schedule.
Brackett said he showed the chief of police a summary of time, but was told he could not get paid or receive comp time.
McCaysville answered the lawsuit October 2, 2020, through attorneys Adam L. Appel and Matthew A. Ericksen Sr., of Dermer Appel Ruder, LLC.
In that answer, the city retaliates that if Brackett was not properly paid for hours worked it was because he failed to accurately report his work as required by the city. Also among the 26 defenses listed, is that the city did not commit any willful violations of overtime provisions. The answer systematically denies Brackett’s allegations of misconduct by the city.
The city is asking for fees, costs and attorney’s fees; a dismissal with prejudice, and any other relief the court deems proper.