Fire Paramedics In Philly Win Overtime Pay Appeal
Recent Cases
More than 300 paramedics for the Philadelphia Fire Department won the right to receive overtime pay in a 3rd Circuit ruling. The court voted 2-1 to reject the city's argument that fire service paramedics fall under an exemption from Fair Labor Standards Act overtime requirements that applies to workers who "engage in fire protection activities."
Judge Dolores Sloviter said fire service paramedics do not qualify as exempted fire protection employees, because they "are not hired to fight fires, not even in a small part."
"Every substantive aspect of the job description is medical in nature," Sloviter added, citing the statistic that plaintiffs' dispatches to actual fires account for 0.1 percent of their total annual dispatches. That's about five to 10 times a year, compared to 6,000 to 8,000 total dispatches for emergency medical services. Even when fire paramedics are called to a fire, it's for the purposes of providing medical care, not for putting out a fire, the ruling states.
For these reasons, the court concluded that fire paramedics do not fall within the overtime exemption and should receive time-and-a-half for working more than 40 hours a week.
Related listings
-
Lawyer Says Cook County Clerk Defamed Him
Recent Cases 05/28/2008An attorney claims the Cook County Clerk defamed him to TV news to retaliate for his informing another news station that the clerk had allegedly "confessed to using court funds to acquire three luxury SUVs to chauffeur her to the office and home agai...
-
Shareholder Class Action
Recent Cases 05/23/2008Shareholders sued Calpine Corp. and its directors, claiming they are selling Calpine too cheaply to NRG Energy, for $23 a share, or $9.6 billion, a 6.7% premium over market price, in Harris County Court, Houston. Shareholders clai...
-
Court Says Cop's Criticism Isn't Protected Speech
Recent Cases 05/22/2008An Illinois State Police officer was not wrongfully transferred for accusing his superiors of sabotaging his investigation of a cold-case murder, the 7th Circuit ruled. Plaintiff Michale Callahan filed a First Amendment retaliation claim against his ...
Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.