A federal court has ruled that a dual-role paramedic/firefighter in Jasper County, South Carolina, is partially exempt from standard overtime pay requirements under the Fair Labor Standards Act (FLSA).
The court found that despite spending most of her time on medical calls, the firefighter/paramedic had responsibilities in fire suppression activities, qualifying her for the FLSA’s Section 7(k) exemption.
Heather Nicole Davis, the plaintiff, filed a lawsuit against Jasper County claiming she was entitled to standard overtime pay.
Davis argued that her primary role as emergency medical personnel should override the partial overtime exemption typically applied to employees in fire protection activities.
Jasper County contended that under Section 203(y) of the FLSA, Davis qualified for the exemption because she was trained in fire suppression, had the authority and responsibility to engage in fire suppression, and responded to both medical and fire emergencies.
The court reviewed the criteria for the FLSA’s Section 203(y) exemption, which includes being trained in fire suppression, having the legal authority and responsibility to engage in fire suppression, and being employed by a fire department.
Despite Davis’ claim that she rarely performed fire-related duties, the court found that her responsibilities and training met the exemption requirements.
The court noted that Davis had responsibility to engage in fire suppression—even if she did so infrequently.
The FLSA’s Section 203(y) specifies that an employee must engage in fire suppression or respond to emergency situations where life, property, or the environment is at risk.
Davis argued that the majority of her calls were non-emergency medical situations.
However, the court determined that the frequency of fire suppression activities was not relevant to her exemption status.
The court cited instances where Davis acted as an incident commander, operated a fire pump, and assisted in fire suppression when required, affirming that she met the exemption criteria.
The court’s decision reinforces the interpretation that dual-role paramedic/firefighters who meet the FLSA’s Section 203(y) criteria are eligible for partial overtime exemptions.
This ruling aligns with the legal standard that employees must have the responsibility to engage in fire suppression, regardless of the frequency of such activities.
The court emphasized that there is no requirement in the statute that Davis engage in fire prevention and suppression with any specified frequency.
