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Record #:
20647
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This bulletin discusses implications of two 1998 Fourth Circuit Court of Appeals decisions dealing with the status of emergency medical technicians (EMTs) under the Fair Labor Standards Act (FLSA). In both cases, the counties relied on Section 7(k) of the FLSA in scheduling their EMTs, and the schedules were held to violate the Act. The Fourth Circuit also rendered a decision upholding the applicability of the fluctuating workweek to EMTs, however, and may have provided an alternative means for North Carolina counties to comply with the FLSA without incurring significant additional costs.
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Record #:
20536
Author(s):
Abstract:
A public employee may be designated exempt from the Fair Labor Standards Act (FLSA) if he or she is a salaried executive, administrator, or professional. Three federal circuit courts have recently rendered different opinions on whether an employee is truly salaried if an employer makes deductions for less than one day's absence. This bulletin discusses the three recent decisions and offers guidance to local governments on how best to comply with the FLSA.
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