This overtime case involves the claims of paramedic members in IAFF Local F-289. According to the information provided, new hires at Miramar in California are brought on as series GS-640, which is a Health Aid and Technician Series -- and their position description title is paramedic. These new hires act as paramedics until they become certified fire fighters, which often takes at least a year. The Local F-289 paramedics work a 56 hour a week schedule and are only paid overtime for hours over 53; they are not paid overtime for hours worked over 40 in a workweek.
Since 1998 and the implementation of the Firefighter Pay Reform Act, federal fire fighters classified in the GS-081 Fire Protection job classification series earn time-and-one-half overtime pay for all hours worked in excess of 106 hours in a biweekly pay period, or, if the agency establishes a weekly basis for overtime pay computation, hours of work in excess of 53 hours in an administrative workweek. This only applies, however, to fire fighters in the GS-081 classification. See 5 C.F.R. §550.1302. Thus, the Agency is required to compensate all FLSA non-exempt employees, who are not fire fighters, overtime pay as provided under Title 5 of the United States Code, i.e., for all hours of work in excess of 8 hours in a day or 40 hours in an administrative workweek.
This court action recently settled on terms favorable to these IAFF federal members, who will receive $61,356.13 in back pay, liquidated damages, and interest. In addition, the Government is now properly compensating them as EMT/Paramedics, and it is in the process of converting them to full cross-trained, dual function fire fighter/EMS personnel.
This settlement also provides for the recovery of attorneys’ fees and expenses.