[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Extensions of Remarks]
[Pages E2245-E2246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       LIMITED OVERTIME EXEMPTION

                                 ______
                                 

                         HON. LINDSEY O. GRAHAM

                           of south carolina

                    in the house of representatives

                        Friday, November 7, 1997

  Mr. GRAHAM. 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 must be paid overtime for any hours worked in excess of 
40 hours during any workweek.
  In some localities, such as Pickens County, SC, 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 provides 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 owned until fire protection 
employees have worked more than 212 hours and law enforcement personnel 
exceed 171 hours of work. There have been

[[Page E2246]]

conflicting rulings by the 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 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. The law's 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 
judgements 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 uncertainly. 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.

                          ____________________