My brother and I are paramedics, and it is my understanding that no matter what, paramedics can not be exempt, even if they are supervisors. A company my brother and I work at as a second job is paying both of us straight time vs. overtime because we are "Supervisors" which really doesn't mean much at that company. Is this legal?

What kind of work is the second job? What is your role? And are you exempt of non-exempt under FLSA?

And is the "second" job for the same employer?

Paramedic at the second job, I can't tell for sure since the fsla is so difficult to wade through but it appears that a paramedic can't ever be exempt. The second job is for a different company.

If it's for a different company, then the 40 hours starts from scratch. So you would have to work at least 40 hours in the workweek for THAT employer. And yes, paramedics are never exempt.

I agree with Patty. Paramedics are never exempt...except when they're not working solely as paramedics, when they're dual function paramedics. These are paramedics who work as firefighters, too, and have at least some responsibility for firefighting for more than 80% of their time. It's something you did not say you were doing, so I don't want to add new facts here, but it is important to understanding the rules applying to paramedics.

The most recent "paramedic" decision dealing with overtime came out last year. It dealt with the 119 paramedic employees of the Los Angeles, some of whom were involved in firefighting and others who were not. It was written by Judge Pregerson, and it's both comprehensive and easy to understand. The decision explains the concept of dual function paramedics and found that LA's paramedics did not meet the exception and therefore were entitled to overtime. It's on appeal to the US Supreme Court.

Here's a cite: http://caselaw.lp.findlaw.com/data2/circs/9th/0355505p.pdf

Yep, I knew the forty started over. I like working there though so I think I will wait until I don't before I make a claim.

If it is found that they owe you OT, the DOL typically goes back only 2 years to collect.

Just something to consider.

Also, how are you recording your time?

Regards,

Mark

In revisiting this topic, I have found out how my employer is doing this and getting away with it. If I work say 50 hours in a week at $10 an hour, that would be 40 hrs straight, and 10 hrs time and a half. So with the given examples I should be paid $400 straight, and $150 overtime. If they paid straight time it would be $500. So when the hour breakdown came back on the pay stub with the afformentioned example, they would have 40 hours of straight time and 6.66 hours of overtime to equal $500 dollars. This would make it look legit. Here is where it gets sticky. We have an electronic timeclock that records "punches" to a computer in the office, I don't know if they realize just how illegal this is even if an employee were to be complicit in the practice and they edit the time, or if it is left as is and just figured out in house and reported to the accountants the way I demonstrated. How do I go about proving that I am being screwed? The only way that I can think of is the county dispatchers keep times for our dispatch, enroute, onscene, and transporting times. That would only show what time I finished my last run for the shift. If I have a day like the other day and do a run at 0900 and don't do anothe rall day it wouldn't really prove anything. What do I do here?

Stridor, if you're union, you contact your union steward first. If you're not, you contact the state Dept. of Labor.

That was my first inclination Patty, and I know this sounds wierd, but I actually like working there alot, not enough to tolerate not getting paid but alot. I don't want to stir this up and then nothing come of it but getting fired for some trumped up reason. So I want to make sure that I get something for my effort. Sort of a ghetto version of a severance package.

Haha.:) Your choice. Don't forget, though, there is a statute of limitations for filing a claim. I think it's 2 years in PA. And, if you're fired for filing a claim, don't also forget the phrases "wrongful termination" and "lawsuit".