Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss a recent decision out of Texas holding that firefighters at Dallas Fort Worth International Airport assigned to EMS units do not qualify for the 207k exemption. Why is that a big deal?
Because without the 207k exemption they are entitled to overtime after 40 hours per week, not 212 hours in 28 days!
For those who are not aware, Bill runs FirefighterOvertime.org. In the VLOG we discuss a very important FLSA definition for an employee in fire protection activities. That definition, from 29 USC §203y, governs who is entitled to 207k status. Here is the 203y definition:
29 USC §203 (y) “Employee in fire protection activities” means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who—
(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and
(2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.
We will be discussing this and more at our FLSA for Fire Departments program next week. The class was originally scheduled as a live event in Kansas City, but due to COVID19 will be held online as a webinar at a reduced price.
If you have questions on overtime, comp time, exemptions, stipends that can be given to volunteers, or similar wage and hour issues, please join us next week. Career, combination and volunteer fire departments are all impacted by the FLSA. Stop wondering and get the answers.
FLSA for Fire Departments – November 10-13, 2020
FLSA for Fire Departments – February 9-12, 2021
For those interested in the podcast version, it is available below. It is also available from iTunes – Apple Podcasts.
Also – here is a link to Bill’s coverage of the DFW case, along with a copy of the ruling.
