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City of Philadelphia v. Lawrence

Close Date: 12/15/2008
Status: closed
Citation: 527 F.3d 299
Docket: 08-388

Description:

Section 207(k) of the Fair Labor Standards Act (FLSA) sets forth when overtime pay is due for public employees engaged in “fire protection activities.” Section 203(y) defines such employees to include not only firefighters, but also paramedics who are trained in fire suppression, have the legal authority and responsibility to engage in fire suppression, are employed by a municipal fire department, and are engaged in responding to emergency situations where life, property, or the environment is at risk.

Did the Third Circuit err in concluding, contrary to other circuits, that “responsibility” to engage in fire suppression under section 203(y) requires that fire-trained paramedics, who in that role may be called upon to engage in fire suppression activities on a fireground, also be cross-utilized and dispatched regularly as firefighters solely to control and extinguish fires?

Brian Wolfman assisted the respondent at the cert stage, and the Supreme Court denied cert.