Labor & Employment Law

: New York Public Personnel Law

US Court of Appeals, Third Circuit, rules city?s EMTs are eligible for overtime under the Fair Labor Standards Act

US Court of Appeals, Third Circuit, rules city?s EMTs are eligible for overtime under the Fair Labor Standards Act
Richard Lawrence, et al, v City of Philadelphia; Donald H. Alston v City of Philadelphia, USCA 3d, Docket # 06-4564. May 28, 2008 [On Appeal from the United States District Court, for the Eastern District of Pennsylvania, (D.C. Nos. 03-cv-04009, 04-cv-0276)]

Typically the Federal Fair Labor Standards Act [FLSA] requires a political subdivision of a State to pay its personnel time-and-a-half for overtime. There are, however, certain positions that are exempt from that provision.

Section 207(k) of the FLSA exempts a ?public agency? from subsection (a)?s overtime requirements with respect to various categories of employees, including individuals engaged in ?fire protection activities.? Others exempted include individuals engaged in ?law enforcement activities? and individuals employed as security personnel in correctional institutions.

In Lawrence the issue before the court was whether Emergency Medical Technicians [EMT] serving with the City of Philadelphia Fire Department were ?engaged in fire protection activities? with in the meaning of 29 U.S.C. § 207(k). 29 U.S.C. 203(y) defines ?fire protection activities? and sets three statutory requirements that an individual must meet in order to be engaged in fire protection activities.

The individual:

1. must be ?trained in fire suppression;?

2. must have ?legal authority and responsibility to engage in fire suppression;? and

3. must be ?employed by a fire department.?

Finding that the EMTs involved were not trained in fire suppression and did have legal authority and responsibility to engage in fire suppression within the meaning of the exemption to the FLSA, the Circuit Court said that Philadelphia had to pay EMT working in excess of 40 hours in a work week time and one-half for services performed ?on overtime.?

The court noted that while both firefighters and EMTs serve with the Fire Department, they are distinct positions. Paramedic training takes about one year, whereas firefighter training takes sixteen weeks. Also, EMTs receive higher pay than firefighters generally, and if an EMT wanted to switch jobs and become a firefighter, s/he would be considered to be ?demot[ing] down.?

As to paying EMT?s back pay for their past overtime service, the Circuit noted that if Philadelphia can show that it acted in good faith, it may not be subject to damages for its past overtime pay practice, ?as Congress was plainly concerned with local governments being liable for substantial back pay awards. Accordingly, if Philadelphia can prove its entitlement to the FLSA ?good faith defense? with respect to its past practice, the court said that it was ?confident that creative City officials can work with the union to fashion future work schedules compatible with the FLSA. It then remanded the case to the District Court to consider that issue.

The full text of the ruling is posted on the Internet at:

http://vls.law.villanova.edu/locator/3d/May2008/064564p.pdf

Full post as published by New York Public Personnel Law on June 05, 2008 (boomark / email).