The U.S. Department of Labor recently filed a lawsuit against emergency medical services (EMS) companies based in Houston, Texas, to collect $142,000 in back wages for 76 employees. Dispatchers, paramedics and administrative employees working for Pride EMS, Allyn Medical Services and Allyn Medical EMS, North Cypress EMS and Ambulance Management Group were not properly paid, according to the suit.
According to the investigation, the workers were often misclassified as independent contractors, and therefore, did not receive the overtime pay and minimum wage they were owed for their time and attendance.
"All workers who put in an honest day's work are entitled to receive an honest day's pay," said Cynthia Watson, the regional administrator for the Southwest Wage and Hour Division. "This case underscores the Labor Department's commitment to hold employers accountable to federal labor regulations. Employers must not derive a competitive advantage over their competitors by circumventing the law."
The Fair Labor Standards Act (FLSA) guarantees overtime pay (time-and-a-half) to first responders, such as paramedics, emergency medical technicians and ambulance personnel.
If employers are uncertain whether workers are considered employees or independent contractors under the FLSA, they should consult the labor laws to ensure their payroll practices are in compliance.
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