Firefighter Overtime Discussing Fair Labor Standards Act (FLSA) for Firefighters, First Responders as well as Human Resource & Finance Professional
The City of New York has reached a $7.3 million settlement with a class of more than 3,000 current and former EMTs and paramedics following a 2023 FLSA lawsuit. The main allegations advanced by the EMTs and medics revolved around unpaid pre-and-post shift work activities, an automatic deduction of a 30-minute meal period even for work shifts in which work was performed during the meal period, and failing to include various “differential” payments in the plaintiffs’ regular rate of pay. Following several years of litigation, the parties opted to settle the claims for a total of $7.3 million. Approximately $3.7 million is earmarked as back pay and another $3.59 million in liquidated damages, service awards, attorneys’ fees, and litigation expenses for a total of 3,399 plaintiffs.
Claims related to unpaid pre-and-post shift work activities and failure to provide employees with “bona fide” unpaid meal periods continue to increase as the modern workplace continues to evolve. The FLSA requires that employees be paid for all hours “suffered or permitted” to work. This includes time spent by EMS employees checking their truck, obtaining necessary equipment, and medications.
Only a few years ago, this was less of a concern as compared to today. The typical change-of-shift in a fire or EMS organization was accomplished in about 30 seconds. A few quick words, a wave of the hand, and the change-of-shift was complete. Unfortunately, that is not the case today. Employers have understandably placed various requirements on the change-of-shift process. This includes accounting for medications, EMS equipment, mobile phones, and even laptops.
Similarly, the Department of Labor (DOL) mandates that an employee be completely relieved from all work duties to satisfy the requirements of an unpaid meal period. If an employee is required to perform any duties, whether active or inactive [e.g., monitoring a radio for dispatch] during his or her meal period, the employee is not completely relieved and must be compensated for this time.
Coincidently, we will discuss all of these topics—and a few dozen others—at our next FLSA for Fire Departments live in-person seminar being held in Houston, Texas on February 3-5, 2026. That is only 3 weeks away! Please join us!
FLSA for Fire Departments – Houston, TX
Here is more on the initial complaint along with a copy of the settlement documents.
