LOS ANGELES — In mid-June, the city of Los Angeles petitioned the Supreme Court to hear and issue its own decision on a recent overtime pay case. The plaintiffs in the overtime lawsuit are firefighter dispatchers and aeromedical technicians for the LA Fire Department. They won their overtime lawsuit in district court, which was affirmed by the Ninth Circuit Court of Appeals in March, but the city continues to fight the ruling. The lawsuit claimed the dispatchers and technicians were entitled to standard overtime pay and not the special overtime rules provided for firefighters in the Fair Labor Standards Act (FLSA).
The City’s Case
The city of Los Angeles is arguing that the Ninth Circuit misinterpreted the applicable section of the FLSA, section 203(y). Section 203(y) identifies who the city can classify as fire protection personnel. The city believes the ruling creates confusion and treats firefighters differently based solely on what part of their job description they do. The reason the city is fighting the court’s ruling is because the exemption determines how and when firefighters and other fire department personnel receive overtime. Currently the employees receive overtime after they have worked 212 hours in a 28-day period, not the normal 40-hours a week. The dispatchers and technicians claim they were misclassified as being engaged in fire protection when they are not actually involved in firefighting. As such, they believe they should be entitled to standard overtime pay schedules. The lower courts agreed with the employees, stating the employees were not involved in fire suppression.
Exemption for “Employees Engaged in Fire Protection Activities”
The FLSA provides many exceptions and exemptions from overtime requirements. Section 203(y) and Section 7(k) provide definitions and exceptions, respectively, for government employees tasked with fighting fires. Section 203(y) defines those who are “employees in fire protection services” who still qualify for overtime, but the overtime threshold is greater than 40 hours a week. The definition is important because it determines whether the dispatchers and aeromedical technicians are considered exempt or nonexempt from the special exception in the FLSA. In order to qualify, the employee must be (1) employed by the government, (2) trained in fire suppression, (3) have the authority and responsibility to suppress fires, and (4) must be engaged in preventing, controlling, extinguishing or responding to fires. In this case, the dispatchers are firefighters assigned as dispatchers and technicians assigned to air ambulance helicopters. Based on the courts’ rulings they appear to meet the first three requirements, yet are actually engaged in responding to fires as well.
If you are or were an EMT, paramedic, firefighter, or other emergency personnel related to fire suppression and you believe you were misclassified and denied proper overtime, call our top-rated team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or 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.