Paramedics play a vital role in the medical industry in California. These experts often undergo significant medical training and are certified first responders whenever an accident occurs. They save people’s lives because of their prompt response. Sadly, paramedics usually experience unpaid wages, most often in the form of their overtime hours. You should seek the services of a competent attorney if you are a paramedic who has been denied the wages or employment benefits that you deserve. At Stop Unpaid Wages, we have committed attorneys who can defend your rights.

Paramedics And Overtime

Paramedics are entitled to overtime pay in California for any time worked beyond 8 hours in a day. However, most employers use various unsavory ways to avoid paying paramedics their deserved overtime wages. The Fair Labor Standards Act (FLSA) has certain exemptions that slightly apply to paramedics, firefighting personnel, and other emergency employees. Firefighting personnel are also called fire protection personnel under FLSA if:

  • They have undergone fire suppression training.

  • They play a vital role in controlling, extinguishing, or preventing fires, or

  • They are lawfully allowed to suppress fires.

The above fire protection personnel are considered exempt from overtime under FLSA. Unfortunately, many paramedics do not meet the above threshold and are still regarded as non-exempt workers. In this case, they are entitled to overtime pay if they work beyond 40 hours in a week.

In some jurisdictions, especially rural areas, fire protection personnel and paramedics are treated the same because they are government employees. In this case, they are covered under FLSA Section 7(k). Under this section, emergency personnel are entitled to premium overtime rates if they work beyond 212 hours in 28 days. You are permitted to prorate the number of work hours based on the work period if the work period in question is less than 28 days. This means that you will work for 53 hours in seven days before being paid your overtime.

Section 7(k) applies only to paramedics who are employed by a government agency and are also firefighters. The agency can be state, municipal, county, or federal. In all other cases, paramedics are paid overtime, just like other sectors. There can be differences in the length of paramedics’ daily shifts, but work that exceeds 40 hours in a week is subject to one and a half times the regular hourly rate. Sometimes, double time can also apply under the California Labor Code 515. If you have doubts regarding your compensation, you should seek the services of a labor attorney to ensure that you are compensated fairly. An attorney can ensure that you are not being shorted on your wages.

Understanding Federal And California Overtime Statutes

All non-exempt workers are entitled to overtime wages. Overtime is a premium rate that is legal under federal and state laws, and it is above the normal rate of pay. Most employers avoid overtime payment because it increases payroll costs. The shift structure for paramedics is totally different from that of other sectors. Medical emergencies can arise at any time of day or night, and you should often be prepared for this.

Some employers try to avoid paying overtime in different ways, including:

  • Asking workers to work off the clock, and

  • Miscategorizing their workers as exempt

This is unconstitutional under federal and state overtime laws. Overtime is covered in federal law under the Fair Labor Standards Act (FLSA). It is also covered under California Labor Code 510 LC. All overtime pay operates on the following principles:

  • One workday has eight hours, and

  • One workweek has 40 hours

In fact, all pay rates are based on the above principles, but overtime is applicable in most unpaid wages cases related to paramedics.

You are entitled to a pay rate that is one and a half times your normal rate of pay under FLSA for any quantity of work done beyond eight hours in a day or 40 hours in a week. This is also called ‘’time and a half. Labor Code Section 510 LC also guarantees you a double-time premium rate for specific amounts of overtime hours. Double time applies if you work any time exceeding 12 hours in one workday or eight hours on the seventh consecutive day in one week.

The Shift Structure Of Paramedics In California

Being a paramedic is a necessary but tiresome job. Unfortunately, an unethical employer can take advantage of this and deny you your rightfully earned wages. Most employers do this because of some peculiarities in how paramedics carry out their career roles.

There is a big difference between paramedics and emergency medical technicians (EMTs). Although they appear to be the same, paramedics possess significant skills. According to the United States Department of Labor, California alone has 18,110 paramedics. The Bureau of Labor Statistics also revealed that a paramedic earns an average of $16.05 per hour. This is 40% lower than the average salary for all workers in the U.S. Most paramedics depend on their overtime pay to assist them in earning a living wage. You will suffer more if your employer fails to pay these premium rates.

Paramedics have unusual shift structures, but Labor Code Section 511 allows employers to develop alternative schedules. Under this law, paramedics are required to work 9 hours, 10 hours, 12 hours, or 24 hours in shifts. There should be moments of downtime when they are just on-call while they work these long shifts. Labor Code Section 511 also requires paramedics to engage in other roles, like equipment maintenance or administrative paperwork. They can do this as they wait for the next emergency. You have a right under this law to be paid for these periods of being on call.

Paramedics working in firefighting departments or rural areas are often on 24-hour shifts. The ’Kelly Schedule,’’ or 48/96 system, is also being adopted. In this case, paramedics work 48 hours with 96 hours off. Under this scheduling system, most paramedics are entitled to overtime of eight hours.

Understanding On-Call Pay In California

Workers follow a weekly shift schedule in most sectors and are required to remain on call in case they are needed. For example, paramedics and security guards can have scheduled or on-call hours. In this situation, you can lose track of your earnings. Your employer cannot track your working hours. It is good to understand the wage and hour laws that cover on-call pay. This will assist you in protecting your overtime pay.

On-call pay in California is often based on the amount of control your employer exerts on you during these periods. According to the state law, you are entitled to fair compensation for on-call. Under the Industrial Welfare Commission (IWC) and the Fair Labor Standards Act (FLSA), you are entitled to on-call hours payment if your employer restricts you from enjoying personal time. On-call time linked to a location or that requires an immediate answer should be paid at the employee’s standard pay rate.

Exemptions From Overtime Laws

The Fair Labor Standards Act (FLSA) covers any company that makes over $500,000 per year and engages in ‘’interstate commerce. Emergency services companies that have hired paramedics must adhere to guidelines about what workers are exempt from overtime rates.

According to FLSA, exempt workers must earn at least $455 per week or $23,660 annually. They must also have a job that is administrative, professional, or executive in nature. In this case, you must have an independent decision-making process. You must also have the ability to supervise other professionals and have various creative abilities.

Labor Code Section 515 also outlines certain exemptions to overtime statutes. This statute builds on the foundation that the FLSA lays down, just like all wage and hour laws. According to Labor Code Section 515, a worker who directs a job of two or more workers and has the power to hire or fire other workers is considered exempt. Additionally, exempt workers should exercise discretion and independent judgment regularly. In this case, you operate independently and make your own decisions on how to execute the particulars of your job.

It is a crime for an employer to deny an exempt worker their overtime rates. A violation of FLSA and Section 515 can attract severe penalties upon conviction.

Collective Bargaining Exemption From Overtime

Apart from the California Labor Code and FLSA, the California Industrial Welfare Commission (IWC) also governs salaries, hours, and working conditions. It issues guidelines regarding wages, which serve as binding statutes that all industries must adhere to.

Wage Order #4, Section 3(I), which was updated in 2002, covers paramedics. Under this law, certain paramedics are exempt if they are part of a collective bargaining agreement or a union. However, the Wage Order #4 overtime exemptions can only apply if the collective bargaining agreement meets certain conditions. For example, a contract must outline the conditions, wages, and hours for all workers. It must also outline overtime rules for any extra hours you worked. The wage for the collective workers must be at least 30% more than the minimum wage.

You are likely exempt from overtime laws if you are a paramedic who is part of a collective bargaining agreement that meets the above requirements. Federal overtime rules can also apply, but you should consult an attorney to ascertain if this applies to you. Labor attorneys know how to handle and analyze complicated situations like these.

Ways In Which You Can Recover Your Unpaid Wages

You have a right under the California Labor Code, Section 1194, to recover unpaid wages in the form of back pay. There are many ways you can use to recover this back pay, including:

  • Filing a state complaint

  • Filing a federal complaint, or

  • Filing a case in the federal or state court

You are more likely to be successful if you consult a labor attorney. An attorney will take you through the process and assist you in navigating different wage and hour laws. Your attorney will also help you determine the exemptions therein that are applicable to your situation.

The United States Department of Labor, Wage and Hour Division (WHD) is the federal regulatory body that is mandated to handle wage violations. WHD has district offices throughout the U.S. and commences investigations once you file a formal complaint with them. The investigations can be bolstered by any evidence or paperwork that you provide. Some of the evidence can include:

  • Records of hours worked.

  • Pay stubs, and

  • Any written correspondence with your employer

The Wage and Hour Division (WHD) will supervise your employer’s reimbursement of your unpaid wages if it rules in your favor. The labor commissioner can also file a lawsuit on your behalf. This can help you recover liquidated damages, legal fees, and back pay. WHD can also impose a hefty fine on your employer as a corrective action to ensure that your employer does not violate the FLSA again.

You can also petition your employer through the California Labor Commissioner, abbreviated as CLS. The CLS also has district offices in the entire U.S. that can investigate your employer’s violation of the state labor laws. The Labor Commissioner will allocate you a deputy who will co-work with your labor attorney to ensure you receive your back pay and any other damages.

You will be given the first settlement in the presence of your labor attorney and deputy, which you can reject or accept. The labor commissioner will schedule a hearing if you refuse the settlement. Your attorney and deputy will also help you present the case to the commissioner. The commissioner will make a judgment and hand down an ‘’Order, Decision, or Award,’’ also known as an ‘’ODA”. You and your employer will be given 15 days to file an appeal. The ODA will go into effect, and you will be compensated if neither of you makes an appeal.

When filing a lawsuit, you should consult a labor attorney to help you ascertain if you can pursue a case in a state court or federal court. It is good to consult an attorney who has experience and knowledge of wage and hour laws.

Back Pay For Paramedics

Also known as back salary or back wages, back pay is the difference between the amount of money you have been paid and the amount you are entitled to receive. A back pay problem can arise because of human error, such as if your status has been misclassified. However, sometimes your employer deliberately withholds your pay. You can claim back pay in the following situations:

  • Where you did not complete your work — A company can owe you back wages if you were unfairly prevented from completing a project. Your employer can also remove you from an assigned duty without a valid reason. In this case, you are entitled to back pay for the time you did not work.

  • Pay for the past salary increase — You are entitled to back pay if you were supposed to get a higher wage, but the new contract was delayed.

  • You changed from an hourly employee to a salaried employee — You are entitled to back pay if you switch from receiving hourly wages to earning a salary.

Examples of Successful Unpaid Overtime Cases In California

Many cases have been filed, and investigations have been conducted throughout the emergency services industry concerning unpaid overtime for paramedics. Workers in other sectors have also complained that their unusual work hours have worked against them. Most employers allege these workers are not entitled to overtime.

Some employers have regularly claimed that premium rates can only kick in if an employee works for 42 hours per week or 96 hours in two weeks. This is, however, unconstitutional because under the Labor Code, any hours over 40 per week require the time-and-a-half overtime premium.

Recently, paramedics filed a lawsuit against their employers for denying them their deserved overtime after working long shifts. Employers claimed that they denied them overtime on the grounds that paramedics did not work the whole 24 hours. They claim that paramedics were paid for only the 20 hours they worked. On the other hand, paramedics claimed that they were on-call and on-site the entire time. This means they worked for 24 hours. The paramedics were later awarded their unpaid wages after the court ruling in their favor.

In June 2018, the court ordered the city of San Diego to pay $442,000 in overtime wages to seven helicopter medics. The city cited Section 7(k) of the FLSA, alleging that the medics were firefighters and were entitled to different overtime provisions. However, this claim was overturned by the Ninth Circuit Court of Appeals. The judge claimed that helicopter medics are just like other paramedics and are entitled to general FLSA overtime provisions.

Over 700 paramedics were awarded $3.7m in 2015 after a successful unpaid overtime wage lawsuit. These professionals were municipal workers. However, the courts made the same ruling in the case of San Diego City by alleging that Section 7(k) does not apply in this situation.

A common strategy to short-change paramedics has often involved citing the section of the FLSA. However, there have been lawsuits that have significantly influenced the reconsideration of how this statute is applied. Most employers have been applying this law too widely. The judges now interpret labor laws and favor workers over their employers. You should consult a labor attorney immediately if you feel that your employer has denied you overtime, wages, or otherwise. The attorney will review your lawsuit and advise you on how best to recover the alleged unpaid wages.

Other Ways In Which Wage Theft Can Occur

Paying workers poorly is not only a violation of wage and hours laws but also a violation of the workers’ fundamental labor rights. According to wage and hour laws, wages are a right that employers must respect. It will be considered wage theft if an employer fails to pay workers the deserved wages.

Failing to pay overtime is not the only way of wage theft that can apply to paramedics. Labor attorneys understand that all dishonest means are used by employers to reduce their workers. Some of the ways include:

  • Failing to pay their workers on time

  • Failing to pay for Paid Time Off (PTO)

  • Failing to pay their workers commissions and bonuses

  • Demanding their workers work ‘’off the clock’’

  • Denying their workers breaks and meals

  • Alleging that their workers are ‘’exempt’’ from overtime pay or benefits

  • Failing to pay federal or state minimum wage rates

In a wider sense, compulsory breaks and benefits are also considered as wages. The law allows you to file an unpaid wages case against your employer if he/she tries to short-change you on the lawfully mandated obligations. You can also save and share with your attorney any written correspondence that shows your employer ordering you to work off the clock. Your labor attorney can use the written correspondence to develop a solid case against your employer.

Paramedics are also entitled to breaks and meals because of the high-stress and intense nature of their work. Any error made can cause injuries to the patient or even lead to their succumbing to his/her injuries. As a paramedic, you must always be alert, focused, and ready to respond. An employer can face severe repercussions if he/she denies paramedics their fundamental labor rights.

Most paramedics suffer mental issues because of being denied their benefits. These professionals are more likely to be depressed, some to the extent of committing suicide. This can happen because of encountering traumatizing scenes and irregular work hours that often take a toll on them. Many paramedics also suffer from post-traumatic stress disorder (PTSD), depression, or anxiety. They are also exposed to pathogens and infectious diseases. These conditions require appropriate medical coverage and treatment. A paramedic can be unable to discharge his/her professional duties well if he/she is not treated. This can directly lead to injuries or deaths in the emergency services sector.

Find a Dependable Employment Attorney Near Me

Paramedics in California experience significant wage issues, the most common being low pay, impacts of low wages, overtime issues, understaffing, and burnout. If you feel like your employer is denying you your rightful compensation, contact an attorney today.

At Stop Unpaid Wages, we have aggressive employment attorneys who understand the California labor laws as well as the federal wage law. When you contact us, we will examine your case and help you file a claim to seek compensation, including back pay if applicable. Contact us today at 424-781-8411 to speak to one of our attorneys.