Paramedics and EMS Workers: Unpaid Overtime Claims

Paramedics and EMS workers who do not engage in fire protection activities should receive overtime pay when working more than 40 hours a week.

In general, overtime law requires that non-exempt employees receive 1.5 times their regular rate for any overtime hours. Paramedics are among the employees subject to federal overtime law, and unless exempt, should receive time-and-a-half compensation. Regardless, paramedics are among the workers commonly cheated out of overtime pay.

Denied overtime as a paramedic? Fill out our free case review form today. Our overtime attorneys will evaluate your claim, at no cost to you, to determine if you are entitled to collect back pay and additional damages.

Overtime Eligibility for Paramedics

Paramedics may be exempt from overtime wages, but only if they meet the requirements of an employee engaged in fire protection activities. To meet this exemption, the EMS worker must:

• Receive training in fire suppression
• Have the authority to engage in fire suppression
• Have the responsibility to fight fires
• Engage in the control, extinguishment or prevention of fires

Therefore, EMS employees who are only required to perform medical work should receive overtime pay when working more than 40 hours a week.

Unpaid Overtime Lawsuits on Behalf of Paramedics

On Dec. 15, 2008, the U.S. Supreme Court let stand a ruling that paramedics working for the Philadelphia Fire Department are non-exempt employees under the Fair Labor Standards Act (FLSA), as they are not responsible for fire suppression. The city of Philadelphia asked the Supreme Court to review the decision that the paramedics, who receive only some fire suppression training, provide medical care and are assigned to ambulances, do not fall under the FLSA exemption of employees involved in “fire protection activities.” The court characterized the two or three week fire suppression training for paramedics as “orientation,” rather than firefighter training. (On the contrary, firefighters train exclusively in fire suppression for 16 weeks.) The job description of the paramedics in the overtime lawsuit described only medical duties.

Overtime Attorneys for Paramedics

If you are a paramedic who is not receiving overtime pay, our overtime attorneys can help navigate applicable laws to determine your exemption status under overtime law. We can help you exercise your legal rights if you are found to be a non-exempt employee and help recover back pay for your employer’s overtime violations. On your behalf, our overtime lawyers can aggressively seek overtime damages, which may include up to three years of back pay and an equal amount in liquidated damages, while ensuring your legal rights are fully protected. To speak with an overtime lawyer about your case, fill out our free case evaluation form today.