KANSAS CITY, Miss. — The Kansas City Fire Department and Metropolitan Ambulance Services Trust (MAST) merged in 2010. By 2011, former ambulance service paramedics and emergency medical technicians (EMTs) filed a class action lawsuit against the city for unpaid overtime wages. The city recently proposed a $1.975 million settlement to resolve the claims brought under the Fair Labor Standards Act (FLSA). The offer must first receive approval from both the city council’s finance committee and the federal judge presiding over the case, but the parties appear pleased with the current offer.
Course of The Claim
When the paramedics and EMTs filed their lawsuit, they claimed not only were they working 24-hour shifts, they were not receiving overtime pay when they worked more than 40 hours a week. In fact, they would only receive overtime pay if they worked more than 49 hours a week. The reason for the 9 hours difference is Kansas City believed the paramedics and EMTs working for MAST, after the merger, were included in the firefighter exemption in the FLSA. This exemption still requires employers pay overtime when it is earned, but it allows state and local government agencies to determine, based on FLSA requirements, how many hours “first responders” must work before earning overtime.
Despite the exemption covering first responders, in June, the federal judge presiding over this case ruled in favor of the 110 current and former MAST employees and found the city liable for the unpaid overtime. The court was scheduled to determine the total amount of damages. But after the court’s initial ruling, the parties reached a settlement. They agreed there were about $1.3 million in actual wage damages and attorneys’ fees close to $500,000, which led to the near $2 million settlement. In addition to the settlement, the Fire Department and the city will attempt to change the scheduling system to maintain full ambulance coverage while providing 40-hour workweeks for ambulance crews.
Paramedics, EMTs, and Overtime
Under the FLSA, paramedics and EMTs are entitled to overtime at one and half times their regular rate, if they work more than 40 hours a week. Some states have additional requirements and restrictions on the number of hours a paramedic or EMT may work each day before receiving overtime pay. The overtime laws for paramedics and EMTs are fairly straight forward, however accounting for all of the hours a paramedic or EMT works can be more complicated with the pre- and post-shift meetings, “on-call” time, and missed breaks. The time spent on these activities should be considered when determining the number of hours worked each week, but often are not.
If you are a paramedic or EMT who works more than 40 hours a week, but are not paid overtime wages, contact our knowledgeable team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. Alternatively, complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.