At least three Brunswick County emergency medical technicians don't like the way the county is trying to resolve their dissatisfaction over a new pay plan they say deprives them of overtime.
The three - Leslie Geise, George C. Granger Jr. and Christopher R. Ward - filed a federal lawsuit over the system March 11.
The suit says the county, "in reckless disregard of the rights of the plaintiff," did not pay EMTs overtime, even though they worked more than 40 hours a week.
EMTs complained about the system earlier this year, and the county is negotiating with the Fair Labor Standards Board over the issue, county attorney Huey Marshall said.
The lawsuit said it applies to all EMTs in a similar situation and tells them how they can join.
In response to grievances, Brunswick County commissioners changed the pay policy for EMTs, effective with the Feb. 13 pay period, that allows for some overtime pay.
Under the new policy, a modified salary plan, EMTs are paid a salary for 40 hours a week, regardless of whether they actually work the time. They get half-pay for a certain number of hours over 40 and regular overtime pay above that number of hours.
Previously, EMTs were paid regular hourly wages for up to 40 hours but not automatically for the full 40 hours unless they worked that long. Overtime was paid at half the regular rate. That meant if their regular wage was $10 per hour, they would be paid $5 an hour for overtime work.
"The parties to this action are in dispute as to their respective rights, privileges and/or obligations under the Fair Labor Standards Act," the suit states.
The plaintiffs are seeking back pay for their overtime hours, an equal additional amount as liquidated damages, court costs and attorney fees.
Marshall said the new county policy is based on one in Wake County that has been ruled valid by a court. Randy Thompson, Brunswick County's emergency-services director, said the Wake County policy is written specifically for paramedics.
The suit was filed after the county changed to the new pay system.
Brunswick County has 46 full-time EMTs, Thompson said.
Robert J. Willis, the Raleigh lawyer for the plaintiffs, could not be reached for comment Thursday afternoon.
