DOL Opinion Letter Clarifies Exemption Status of Dual-Function Firefighters/Paramedics

Associations representing local governments scored a significant victory on June 1 when the U.S. Department of Labor (DOL) found that dual-function firefighters – those who operate as both firefighters and paramedics – qualify for the 7(k) exemption under the Fair Labor Standards Act (FLSA).

A number of groups representing public sector agencies throughout the country submitted an opinion letter request to DOL’s Wage and Hour Division, asking for such clarification, after the U.S. Supreme Court declined to review a 2005 Ninth Circuit Court of Appeals decision. In that case, Cleveland v. City of Los Angeles, 420 F.3d 981 (2005), the Ninth Circuit had ruled that the city’s firefighters/ paramedics did not qualify for the partial overtime exemption under section 7(k) of the FLSA because they did not have some “real obligation or duty” to engage in fire suppression.

Under section 7(k) of the FLSA, firefighters employed by public agencies are not entitled to overtime after working the standard 40 hours per week. Instead, the maximum number of hours that can be worked before overtime is required is based on the work period – ranging from 53 hours in a 7-day work period to 212 hours in a 28-day work period.

According to the opinion letter, when dual-function firefighters/paramedics are employed in fire protection activities, are trained in fire suppression, have the authority and responsibility to engage in fire suppression, and are engaged in fire suppression or response to emergencies, they qualify for the exemption.

A copy of the complete opinion letter can be found on the Department of Labor’s website at www.dol.gov/esa/whd/opinion/FLSA/2006/2006_06_01_20_FLSA.htm.

Please review the opinion letter carefully. In order to claim the exemption, you must be able to show that your dual-function firefighters/paramedics are trained in fire suppression, have the legal authority and responsibility to fight fires, and work for a fire department (not a hospital or other form of municipal corporation).

For more information on this and other overtime issues that have proven to be troublesome for local governments, plan to attend one of AWC's FLSA workshops in October. Click here for more information.

 
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