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August 24, 2005
Paramedics/firefighters not exempt from FLSA
Does the FLSA exemption for "firefighters" apply to cross-trained paramedics/firefighters who spend the bulk of their time providing medical services rather than fighting fires?
No, says the 9th Circuit in Cleveland v. City of Los Angeles (9th Cir 08/22/2005).
"Normal" employees get paid time and one-half after 40 hours in one week, according to the Fair Labor Standards Act (FLSA).
"Firefighters" are exempt. For them, premium pay kicks in after 204 hours within a 27 day period.
The original FLSA provision is Section 207(k). Congress adopted a new Section 203(y) on December 9, 1999.
Applying either of these sections, says the 9th Circuit, these folks were not "firefighters," and therefore came under the 40-hours-per-week rule.
Posted August 24, 2005 by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.
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