A federal judge gave preliminary approval earlier this month to a class of Aurora firefighter trainees who may sue the city over allegations that they were denied overtime pay in violation of federal law.

Joseph Elias, who attended Aurora’s fire academy between July-August 2023, filed suit last year alleging the city is violating the Fair Labor Standards Act by refusing to pay overtime to training participants who worked in excess of 40 hours per week.

Elias alleged that the training program, which now encompasses 25 weeks, generally required trainees to start their workdays at 5:30 a.m. and end between 5:30 and 6:30 p.m. Further, trainees needed to study outside of work hours and watch training videos, totaling 12 to 16 hours per week. The city also allegedly required trainees to perform uncompensated volunteer work.

“On information and belief, the City has intentionally altered or falsified its timekeeping records for firefighter recruits attending training at the Fire Academy by entering incorrect start times for each day of work and not accurately tracking the actual hours worked by each employee,” wrote Elias’ attorneys. “The City took these actions in order to evade its obligations under the FLSA.”

Aurora has denied many of the allegations in Elias’ complaint.

Last June, Elias asked for notice to be sent to attendees of seven training classes between February 2022 and May 2025. They would be informed of the collective action, which, in contrast with a class action, requires that they opt-in. The city did not oppose the move.

In a March 9 order, U.S. District Court Judge Philip A. Brimmer gave the green light to the proposed notice.

“Plaintiff alleges that members of the collective are similarly situated because they were all subjected to the alleged policy of not being provided overtime compensation when working over 40 hours in a work week. Accordingly, the Court conditionally certifies a collective class action,” he wrote.

Brimmer’s approval triggered the requirement for Aurora to provide a list of all people who fell within the class of firefighter trainees, along with contact information. Within 30 days of his order, Elias’ lawyers will distribute the notice and consent form to those class members.

The case is Elias v. City of Aurora.