Why are EMS personnel entitled to Overtime?
EMS personnel are likely entitled to overtime for one simple reason – they do not perform work that is considered “Exempt” under the law. The reasons the work is “nonexempt” vary from company to company. Generally, these employees do not exercise the right level of “discretion and independent judgment” as that term is defined by the law. Also, EMS personnel may be engaging in work that is not considered “administrative” because it is more in the nature of producing the product of the company than being an “administrative” function as that term is defined by the law. The practice of NOT paying EMS personnel for overtime is widespread. Some companies have come into compliance while others have decided to ignore the law and underpay their workers.
