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"This appeal forces us to choose sides in an emergent circuit split regarding the interpretation of the phrase 'responsibility to engage in fire suppression' as used in * * * the Fair Labor Standards Act"

"This appeal forces us to choose sides in an emergent circuit split regarding the interpretation of the phrase 'responsibility to engage in fire suppression' as used in * * * the Fair Labor Standards Act": A three-judge panel of the U.S. Court of Appeals for the Third Circuit has today divided 2-1 over whether "paramedics employed by the City of Philadelphia Fire Department have 'legal authority and responsibility' for fire suppression activities within the meaning of the Fair Labor Standards Act" so as to make them exempt from being entitled to receive time-and-a-half pay for working overtime.

A Philadelphia-based federal district judge had ruled, in the decision under review, that the paramedics were not entitled to receive overtime pay. Today's majority disagrees, holding that "the plaintiff-appellants in the instant case are not firefighters at all, but are single function paramedics who happen to be employed by a fire department" and thus remain entitled to overtime pay under the FLSA. You can access today's ruling at this link.

Interestingly, today's three-judge panel consists of the Third Circuit's longest-serving active judge (an appointee of President Carter) and two of the Third Circuit's newest judges (both appointees of President George W. Bush). It is the Third Circuit's newest judge who is the author of today's dissent.

Full post as published by How Appealing on May 28, 2008 (boomark / email).