[Congressional Record Volume 145, Number 154 (Thursday, November 4, 1999)]
[House]
[Pages H11499-H11500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CLARIFYING OVERTIME EXEMPTION FOR FIREFIGHTERS

  Mr. BOEHNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1693) to amend the Fair Labor Standards Act of 1938 to 
clarify the overtime exemption for employees engaged in fire protection 
activities.
  The Clerk read as follows:

                               H.R. 1693

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITION OF FIRE PROTECTION ACTIVITIES.

       Section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203) is amended by adding at the end the following:
       ``(y) `Employee in fire protection activities' means an 
     employee, including a firefighter, paramedic, emergency 
     medical technician, rescue worker, ambulance personnel, or 
     hazardous materials worker, who--
       ``(1) is trained in fire suppression, has the legal 
     authority and responsibility to engage in fire suppression, 
     and is employed by a fire department of a municipality, 
     county, fire district, or State, and
       ``(2) is engaged in the prevention, control, and 
     extinguishment of fires or response to emergency situations 
     where life, property, or the environment is at risk.''.

     SEC. 2. CONSTRUCTION.

       The amendment made by section 1 shall not be construed to 
     reduce or substitute for compensation standards (1) contained 
     in any existing or future agreement or memorandum of 
     understanding reached through collective bargaining by a bona 
     fide representative of employees in accordance with the laws 
     of a State or political subdivision of a State, and (2) which 
     result in compensation greater than the compensation 
     available to employees under the overtime exemption under 
     section 7(k) of the Fair Labor Standards Act of 1938.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Boehner) and the gentleman from Missouri (Mr. Clay) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1693 is a simple and noncontroversial bill, 
introduced by our friend from Maryland (Mr. Ehrlich), that would amend 
the Fair Labor Standards Act to clarify the existing overtime exemption 
for firefighters. The Committee on Education and the Workforce reported 
the bill yesterday without amendment and by voice vote. The bill has 
major bipartisan support in the House and it is supported by both labor 
and management, who would be affected by the change under the bill.
  In addition, the National Association of Counties, the National 
Association of Towns and Townships, the U.S. Conference of Mayors and 
the National League of Cities are supporters of this bill.
  Generally, under the Fair Labor Standards Act, workers are entitled 
to overtime compensation for hours worked in excess of 40 within a 
week. The act contains unlimited exemption for overtime, under Section 
7(k), for employees of public agencies who are engaged in fire 
protection activities.
  The firefighter exemption allows employees engaged in fire protection 
activities additional scheduling flexibility in recognition of the 
extended

[[Page H11500]]

periods that firefighters are often on duty. Employees who are covered 
by Section 7(k) may work up to 212 hours within a period of 28 
consecutive days before triggering the overtime pay requirement.
  The Department of Labor's regulations specify that rescue and 
ambulance service workers, sometimes referred to as emergency medical 
services personnel, may be eligible for the firefighter exemption if 
they perform duties that are an integral part of the agency's fire 
protection activities, but an employee may not perform activities 
unrelated to fire protection for more than 20 percent of the employee's 
total hours worked.
  Many State and local governments employ EMS personnel who receive 
training and work schedules and maintain levels of preparedness which 
is very similar to that of firefighters. In the past, these types of 
employees fit within the 7(k) overtime exemption.
  In recent years, however, some courts have narrowly interpreted the 
7(k) exemption and held that emergency medical services personnel do 
not come within the exemption because the bulk of their time is spent 
engaged in nonfire protection activities. These lawsuits have resulted 
in State and local governments being liable for millions of dollars in 
back pay, attorneys fees and court costs.
  So there is a real need to modernize this area of the Fair Labor 
Standards Act and to clearly specify who can be considered a fire 
protection employee for purposes of the exemption.
  H.R. 1693 clarifies the law by specifying the duties of employees who 
would be eligible for the limited overtime exemption. The bill would 
ensure that firefighters who are cross-trained as emergency medical 
technicians, HAZMAT responders and search and rescue specialists would 
be covered by the exemption even though they may not spend all of their 
time performing activities directly related to fire protection.
  Finally, the bill would clear up the confusion that employers face in 
trying to interpret the law. A misinterpretation of the law could 
needlessly expose local governments to significant financial liability 
and dramatically increase the cost of providing adequate fire 
protection services.
  H.R. 1693 is a narrow bill, but one that is important in helping 
State and local governments provide fire protection and emergency 
medical services in a most effective and efficient way possible. I 
would urge my colleagues to support this clarification.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I support this bill. Under the 1985 amendments to the 
Fair Labor Standards Act, the 7(k) exemption was intended to apply to 
all firefighters who perform normal firefighting duties. H.R. 1693 
provides that where firefighters are cross-trained and are expected to 
perform both firefighting and emergency medical services, they will be 
treated as firefighters for the purpose of overtime. However, where 
emergency medical technicians are not cross-trained as firefighters, 
they will remain outside the purview of 7(k) and will be entitled to 
overtime after 40 hours a week, even if the emergency medical services 
are placed within the fire department.
  This bill is supported by both management and labor. The policy it 
reflects ensures that unreasonable burdens are not placed upon fire 
departments in accounting for hours worked.
  I commend the sponsor, the gentleman from Maryland (Mr. Ehrlich), for 
his efforts to produce consensus legislation, and the chairman of our 
committee, the gentleman from Pennsylvania (Mr. Goodling), for bringing 
this bill to the floor. Mr. Speaker, I urge a yes vote on H.R. 1693.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Ehrlich), the sponsor of this legislation.
  Mr. EHRLICH. Mr. Speaker, I thank my friend, the gentleman from Ohio 
(Mr. Boehner) for yielding me this time.
  Mr. Speaker, from its inception, the Fair Labor Standards Act has 
exempted fire protection employees from the traditional 40-hour 
workweek. Historically, any emergency responder paid by a fire 
department was considered to be a fire protection employee. However, 
recent court interpretations of Federal labor statutes have rendered 
this definition unclear.
  Mr. Speaker, H.R. 1693 seeks to clarify the definition of a fire 
protection employee. The bill reflects the range of lifesaving 
activities engaged in by today's fire service, built upon its long 
tradition of responding to all in need of help. Specifically, today's 
firefighter, in addition to fire suppression, may also be expected to 
respond to medical emergencies, hazardous materials events, or even to 
possible incidents created by weapons of mass destruction.
  The issue addressed by H.R. 1693, Mr. Speaker, concerns fire 
department paramedics trained to fight fires who have prevailed in 
several civil suits for overtime compensation under the FLSA. The 
paramedics successfully argued they were not fire protection employees 
covered by the FLSA exemption since more than 20 percent of their 
normal shift time was spent engaged in emergency responses rather than 
firefighting, such as emergency medical calls.
  The U.S. Supreme Court has declined to consider these cases, thus 
exposing city and county governments to compensation liability for 
unpaid overtime into the millions of dollars. For example, one 
subdivision I am privileged to represent, Anne Arundel, Maryland, 
taxpayers are liable for $3.5 million under a recent FLSA case.
  The potential consequences of these cases are serious and far-
reaching and could ultimately result in a dramatic increase in the 
local costs of fire protection to taxpayers nationwide.
  This bipartisan bill is supported by the International Association of 
Firefighters, the International Association of Fire Chiefs, the 
National Association of Counties. Labor and Management support this 
bill as a remedy, as the remedy, for an increasingly serious situation.
  Keep in mind, Mr. Speaker, H.R. 1693 only affects those who are 
trained, prepared and have the legal authority to engage in fire 
suppression, but also work to save lives in so many other ways. This 
bill clarifies the law by more precisely defining those duties that 
should qualify for the firefighter exemption, thereby preserving the 
intended flexibility afforded to cities and fire departments under the 
original Fair Labor Standards Act.
  On a point of personal privilege, Mr. Speaker, I would like to thank 
the gentleman from Ohio (Mr. Boehner) for managing the bill on the 
floor, the gentleman from Pennsylvania (Mr. Goodling), the chairman of 
the full committee, the gentleman from Pennsylvania (Mr. Weldon), the 
gentleman from New Jersey (Mr. Andrews), the cochairs of the 
Congressional Fire Caucus.
  Mr. CLAY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BOEHNER. Mr. Speaker, I have no requests for time, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Boehner) that the House suspend the rules and 
pass the bill, H.R. 1693.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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