1. #1
    Forum Member
    joejoe33's Avatar
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    May 2001
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    Rowlett,Texas,U.S.A.
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    Default F.L.S.A. Question

    I have a Fair Labor Standards Act question. Does anybody out there know what the F.L.S.A. rules state for firefighters who rotate assignments from the fire apparatus to the ambulance? I want to know what the rules say about how much time a firefighter/paramedic is assigned to fire apparatus vs. ambulance assignment? Somebody told me that F.L.S.A. had a 60/40 rule. Sixty percent of time on the the fire apparatus vs. forty percent of time in EMS.
    We work 24 hours on and 48 hours off. I am not having a problem. I just want to be more informed. Where might I download the information?
    joejoe33

    Comments and opinions are mine and do not represent the agency or IAFF local that I am affiliated with.

  2. #2
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    HHoffman's Avatar
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    I could be wrong, but I thought they changed that rule. I remember talk last year about this subject. Talk was if the department provides EMS as part of it's normal duties the rules should not apply. I'll do some checing to see what I can find.
    Henry C. Hoffman Jr.

  3. #3
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    Kobersteen's Avatar
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    Nov 1999
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    December 9, 1999, President Clinton signed Public Law #106-151. The text is below.

    "To amend the Fair Labor Standards Act of 1938 to clarify the overtime exemption for employees engaged in fire protection activities.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. DEFINITION OF FIRE PROTECTION ACTIVITIES.


    Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following:

    `(y) `Employee in fire protection activities' means an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who--


    `(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and


    `(2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.'.

    SEC. 2. CONSTRUCTION.


    The amendment made by section 1 shall not be construed to reduce or substitute for compensation standards: (1) contained in any existing or future agreement or memorandum of understanding reached through collective bargaining by a bona fide representative of employees in accordance with the laws of a State or political subdivision of a State; and (2) which result in compensation greater than the compensation available to employees under the overtime exemption under section 7(k) of the Fair Labor Standards Act of 1938."


    Cheers,

    Kobersteen

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