Emergency Medical Service (EMS) workers often work far more than 40 hours in a workweek, but many of them are not paid overtime as required under the Fair Labor Standards Act (FLSA). EMS are often required to be “on call” all hours of a day and do not get paid for rest breaks and meal breaks, even though they are necessary and required part of the work day. They also often attend before work and after work meetings with supervisors and are not paid for that time. Additionally, many EMS drivers and workers are not paid for the time changing into and out of clothes and equipment for each shift.
The FLSA requires employers to pay all non-exempt employees overtime for all hours worked over 40 in the workweek. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime. EMS employees are almost always considered non-exempt and therefore entitled to overtime pay.
In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training. If an employer does not include all of this time in the calculation of hours worked, it can result in the emergency medical technician not receiving all of the required overtime. The employer’s failure to pay required overtime to an EMS worker can result in a lawsuit for overtime pay.
Employers often violate the FLSA by failing to pay the Emergency Medical Service worker the required overtime pay. If you are an EMS worker who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file a EMT overtime pay lawsuit. These lawsuits are often filed by an entire group of EMS against an employer who violates the FLSA.
If you believe you have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
To determine whether you are eligible to file a wage claim, contact our experienced Emergency Medical Service Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.