Thread: Garcia Law
12-12-2000, 01:11 PM #1fre76Firehouse.com Guest
Does anyone know where I can find the LAw and title of the GARCIA LAW. Its very important that I find it
12-19-2000, 07:29 AM #2Frank AllenFirehouse.com Guest
This it what I was able to find for you. I hope it will help you.
"We are a organization that the local county government pays a tax subsided and technically are owned by the county but we are managed by a privately owned hospital and are paid by the hospital. We work 24hrs on and 48hrs off. Do we still fall under the Garcia law because we are technically employees of the privately owned hospital? If we don't fall under that law how do they have to pay working 24hrs or don't they have to pay?
The hospital right now is throwing around the idea of paying straight time trough the night instead of overtime. Can they do that?
Where is the best place to get a copy of the Garcia law?
Garcia was not a law but a ruling regarding the applicability of certain aspects of the Fair Labor Standards Act, specifically overtime compensation, in the public sector. The case involved the issue of whether an employee of a municipality could "volunteer" and be paid for the performing the same function for the same political jurisdiction. The impact of the ruling on public safety was primarily in terms of fire fighters, (and similarly EMS personnel) who held full time paid posts and also volunteered in their same community. If you have Internet access, information can usually be found via most search engines and I also think it is at the Department of Labor site. But the issue does not apply to you, as you are a paid employee of the hospital. No private sector employee can "volunteer" and be paid to perform the same duty. Nothing new here. Therefore, let us move on to your other questions.
For persons working 24-hour shifts, there is a sleep provision in the wage and hour laws for ambulance services. Up to 8 hours can be excluded from pay. If the employee is "relatively undisturbed" for no more than 3 hours that time (you get up and run one call), then the employee is paid only for those hours worked. If the employee is up more than 3 hours, all 8 hours are considered time worked and must be paid. This is a pain to deal with for employer and employee alike, and unless it is a serious question of money, I do not recommend using this exclusion. Regarding time paid for 24-hour shifts, the wage and hour laws for ambulance services state that all
hours worked over 40 in a week must be paid at time and a half. It doesn't matter when you work them. Hours cannot be averaged between work weeks, defined as a set of seven consecutive days. Therefore, for an employee on 24/48, if paid for all hours on duty, is due 40 hours straight time and 8 hours overtime for two weeks, and then in the third week is due 40 hours of straight time and 32 hours of overtime (three shifts at 24 hours each). I have always supported the use of K Days in the third week, reducing each employee back to two shifts. The employer can pay straight time wages to one additional full time employee and instead of overtime for both members of a two-person crew (7 FTE instead of 6)."
More can be found at http://alaskaems.org/quest8_9_10.htm#10
[This message has been edited by Frank Allen (edited 12-19-2000).]
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