Victims of Overtime Violations Receive $225,000 from Ambulance Service

Ambulance workers are literal life savers. On any given shift, they can face intense pressure to perform their job effectively under the most adverse conditions. Emergency medical technicians never know what will happen on the next call, or how long it will take to get the situation under control.

Not surprisingly, overtime pay can be a major issue for first responders. Pursuant to the Fair Labor Standards Act (FLSA), employees are supposed to make time-and-a-half for each hour worked in excess of 40 in a given workweek. While this rule might seem clear on its face, there are employers who try different tactics in order to lower their payroll costs. One illegal tactic recently got an Illinois ambulance service in trouble.

The court in Buckley v. Stark County Ambulance Services approved a $225,000 settlement arising from the employer’s failure to follow FLSA overtime rules. Instead of providing time-and-a-half for employees who worked more than 40 hours in a particular week, the company created a system in which overtime premiums were only provided when an employee was on the job for more than 80 hours in a two-week period.  

Even in workplaces where employees are paid biweekly, basing overtime pay on a two-week timeframe is illegal. Employers who circumvent FLSA overtime rules face exposure for back pay and attorney’s fees.

Another type of overtime violation occurs when businesses misclassify their employees so that they fit in a category where an overtime premium is not mandated. Sometimes, a company will call someone an independent contractor rather than an employee for this reason, even though the company exerts employer-type control over the worker. Other labeling issues involve employees who are referred to as executives or administrators when that is not the case.

You might also be losing out on the overtime pay you deserve if your employer forces you to complete job-related tasks off the clock, such as setting up or breaking down the equipment necessary to do your work. 

Kardell Law Group represents clients in overtime pay disputes and other employment law matters. Don’t give up the pay you’ve earned. We can review your case and pursue appropriate relief. Please call or contact us online to discuss your legal needs.