First Responders (EMS, Firefighters, Law Enforcement)

There are special and complicated overtime rules for first responders.  As an initial matter, there is a strong presumption that anyone working as a First Responder (including EMS, firefighting and police) is not exempt from the right to overtime.  On the other hand, the 40-hour workweek may not apply to some fire or police employees.  Instead, under FLSA Section 7(k), work periods of up to 28 days may be set by the employer, in which the overtime requirement only applies to hours worked over 171 hours in 28 days (for police) and 212 hours (for firefighters).  Often times, employers inappropriately apply Section 7(k) to those who are ineligible – i.e., those who are not trained in or do not engage in fire suppression, or those who work for a non-profit (as opposed to governmental) fire department.  Other times, employers do not properly implement these 28 day cycles and thus improperly compute overtime pay.  Still further, some employers improperly classify their first responders as completely exempt, paying them a salary and no overtime, even when they work beyond the applicable overtime thresholds for the 28 day cycle.

How can we help?

Goodley McCarthy is experienced in representing workers in unpaid wage lawsuits. Typically, we bring these cases as a class action, so you won't be fighting the company by yourself. You will have a team of lawyers representing you and your co-workers. And because we take these cases on a contingent fee basis, there's no cost to you. We don't get paid unless we get money for you and the class.

​What should I do next?

Contact us today. One of our lawyers will contact you to schedule a free 30-minute consultation so that we can get your side of the story and evaluate your rights under the applicable state and federal wage and hour laws.