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November 5, 1999

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Fire paramedics may be exempted from OT

 

WASHINGTON, D.C. — According to an Associated Press news report, fire department paramedics could work a 53-hour week before they receive overtime pay under a bill the House passed on a voice vote yesterday.

Federal law already exempts firefighters and law enforcement officers from overtime pay after a 40-hour week because of the unusual shifts and hours they work.

But paramedics in Anne Arundel County, Md., successfully argued in 1992 that they were not covered by the exemption because they spend much of their time responding to medical calls - not fighting fires.

The 4th U.S. Circuit Court of Appeals upheld the lower court decision in 1996, and the U.S. Supreme Court refused to hear the case in 1998.

The bill by Rep. Robert Ehrlich Jr., R-Md., expands the definition of firefighters under the Fair Labor Standards Act to include paramedics, emergency medical technicians, rescue workers and hazardous materials responders.

The act requires police and firefighters to receive overtime pay only after they work 212 hours in 28 days, or an average of 53 hours per week.

Private ambulance service employees or other non fire-based medical technicians would not be affected by Ehrlich's bill.

The legislation would prevent a dramatic increase in fire protection costs nationwide that could result from the Maryland court case, Ehrlich said.

He said he expects the Senate to pass his bill in the next few weeks.

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