[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Extensions of Remarks]
[Page E509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       LIMITED OVERTIME EXEMPTION

                                 ______


                         HON. HARRIS W. FAWELL

                              of illinois

                    in the house of representatives

                         Friday, March 29, 1996

  Mr. FAWELL. Mr. Speaker, today I am introducing legislation to 
provide a limited overtime exemption from section 7(k) of the Fair 
Labor Standards Act [FLSA] for public sector employees who provide 
emergency medical services [EMS]--the same FLSA exemption afforded to 
fire protection personnel. Without this change in law, there will 
continue to be circumstances in which EMS personnel are working the 
same tours of duty as either fire protection or law enforcement 
personnel, but most be paid overtime for any hours worked in excess of 
40 hours during any workweek.
  In some localities, such as Burke County, NC, EMS functions are 
entirely separate from fire protection and law enforcement activities, 
but their job duties are identical. There should be no difference in 
the treatment of EMS personnel under the FLSA simply because of the 
manner in which emergency services are provided by local communities. 
Furthermore, in many jurisdictions, the majority of emergency calls are 
medical emergencies. The current situation is very expensive for State 
and local governments and intrudes on their management of fire 
protection and law enforcement activities.
  Section 7(k) of the FLSA provide a partial exemption from overtime 
for those employees engaged in fire protection and law enforcement 
activities. Employers are allowed to establish work periods of up to 28 
days, and overtime compensation is not owed until fire protection 
employees have worked more than 212 hours and law enforcement personnel 
exceed 171 hours of work. There have been conflicting ruling by Federal 
courts of appeal on the issue of whether EMS personnel are covered by 
section 7(k). There also have been different interpretations by the 
courts of the regulations on this subject. This has led to confusion 
and large financial liability on the part of State and local 
governments. The bill I am introducing today revises section 7(k) so 
that these EMS personnel qualify for the same partial exemption from 
overtime as fire protection personnel.
  Mr. Speaker, the FLSA, passed in 1938, mandates a rigid 
interpretation of the 40-hour workweek and its worker classification 
and compensation requirements are not reflective of the contemporary 
workplace. Contradictory court interpretations of the FLSA have 
provided windfall judgements for some employees. These costly judgments 
against public sector employers have a direct impact on budgets 
supported by taxpayer dollars and also affect public safety services. 
The existing liability for many States and localities is estimated to 
be in the millions of dollars, and the potential for future liability 
creates tremendous fiscal uncertainty. I urge my colleagues to support 
this legislation which promotes the mandate of public accountability 
and fiscal responsibility to which State and local governments must 
adhere.

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