Kansas City sued over EMT payment practices

An emergency medical technician employed by the Kansas City, Missouri, fire department recently filed a class action lawsuit against the city alleging that its policies for calculating overtime violated provisions of the Fair Labor Standards Act.

The plaintiff, Marissa Hermsen, is suing on behalf of herself and other former and current city employees working as EMTs and paramedics, claiming that "it is (the department's) practice and policy to willfully fail and refuse to properly pay all straight time and overtime compensation due and owing."

The Fire Law Blog explains that the FLSA exempts firefighters from being paid overtime unless they work more than 53 hours a week, as opposed to 40. However, the approximately 1,000 EMTs and 140 paramedics employed by the department do not qualify for the same exemption unless they have been cross-trained in fire suppression.

Louis Wright, president of the Local 42 chapter of the International Association of Fire Fighters union, told the Kansas City Star that the current time and attendance policies used by the city were extensively researched and he did not believe FLSA regulations were being breached. 

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