The U.S. Department of Labor’s Wage and Hour Division recovered $672,502 for 172 firefighters and paramedics after an investigation revealed the employees didn’t receive overtime pay for almost two years.
Payroll records from March 8, 2020, to March 7, 2022, showed firefighters in Gary, Ind., worked up to 120 hours every two weeks, which is more than the typical 106-hour schedule, without being paid overtime, according to a May 2 news release. Federal law requires employers pay these wages at time-and-a-half the hourly rates.
“When duty calls, first responders are expected to put the lives of others before theirs,” Indianapolis Acting Wage and Hour Division District Director Fernando Hernandez said in the release. “Our investigation found the city of Gary failed to compensate these firefighters and paramedics as the law requires.”
The investigation discovered the city incorrectly thought paramedics, like firefighters, only qualified for overtime compensation if they worked more than 106 hours in a two week period, the release reported. Paramedics are entitled to overtime after surpassing 40 hours in a week, due to the fact they don’t perform fire suppression work.
“Like all employers, states and local governments must understand the rules that apply to their employees and pay them properly,” Hernandez added, according to the release.
The city had to pay $319,237 in overtime wages for 154 firefighters and $353,265 in overtime back wages for 18 paramedics, the release reported.
For Fair Labor Standards Act overtime purposes, fire protection personnel must be trained and have the legal authority to engage in fire suppression, must be employed by a fire department and be engaged in preventing and controlling fires or situations that are dangerous to life, property or the environment.
The Wage and Hour Division offers a variety of resources on common workplace issues including minimum wage, overtime pay and family and medical leave.
