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PrincessaMyron
11-16-2005, 23:35
Greetings - I'm with private EMS in Texas and am trying to find out if my employer can legally force us to work an additional 12-hrs week (we currently work 48hrs every week, 4days/12hrs/day). I couldn't find anything online in the FLSA and don't really know where else to turn.

Any help would be appreciated!

Thanks - lauren
IAMedic
11-17-2005, 18:22
Your best bet is to contact legal or union counsel in your area. Every state has different laws regarding work and overtime.
smurfe
11-18-2005, 22:10
Contact your State's Department of Labor. They will be able to answer those questions for you. Don't go to your lawyer or union (sorry Brad :p ) Go to your labor department.

The reason I say this is from 1st hand experience with a wage and hours suit a few years back. These people will let you know anything and everything you ever wanted to know about labor laws and it won't cost you anything like it would seeking an attorney.

I have a feeling you aren't going to like their answer either. The last time I checked on something like this they could work me up to 16 hours a day and up to 6 days week :v:

Smurfe:beer:
IAMedic
11-18-2005, 22:36
Contact your State's Department of Labor. They will be able to answer those questions for you. Don't go to your lawyer or union (sorry Brad :p )

No problem, we are here to learn from each other. If you know better than I, then by all means...share your wealth of knowledge oh Smurfey one!!
PrincessaMyron
11-19-2005, 17:38
Thanks for your help! I think I"m probably not going to like the answer, you're right about that....I honestly think the maximum number of hours/days an employee works is simply the test of human endurance...when we all break down, perhaps they'll realize MORE people instead of working the ones you have to death might be more economical! LOL

Thanks again! - lauren
Nate
11-22-2005, 13:50
48 hours is a short week here, you employeer only has to give you 8 hours off to "rest" between shifts and is only required to give you any "spiritual" days off.
WELLAGEDEMT
11-22-2005, 16:12
You have such a warped view of employers, They don't even have to give you "spiritual" days off. Unless you are a member of a union, the employer can set however many hours he/she wants you to work. There has to be an agreement somewhere that is binding to make the difference. You have to have the backbone to say enough is enough. If you give 100% while on the job chances are the employer will be fair but if you just put in your time, the employer may decide to overwork you to get rid of you. Just think about it!!!!!!
Nate
11-22-2005, 17:21
You have such a warped view of employers, They don't even have to give you "spiritual" days off. Unless you are a member of a union, the employer can set however many hours he/she wants you to work. There has to be an agreement somewhere that is binding to make the difference. You have to have the backbone to say enough is enough. If you give 100% while on the job chances are the employer will be fair but if you just put in your time, the employer may decide to overwork you to get rid of you. Just think about it!!!!!!

Um, that was Texas law.
smurfe
11-24-2005, 16:21
Nate is correct. At least in the 3 states I have lived in the law is just as he states. They were all the same. 8 hours between shifts and one 24 hour day off in a 7 day period.

Smurfe:beer:
btroutm
11-29-2005, 18:13
I have no idea what the law is here, but my employer will allow us to work up to 6 days a week. They do not force us to work a certain number of hours. We can choose to be part time and work once a month. If we are full time, they typically schedule EMTs for 36 hrs/wk and medics for 42 hrs/wk (unless you're on shift: 24/48 or 2 set 24s). We can sign up for overtime if we choose.
rory_el
12-18-2005, 09:33
In Texas EMS providers earn overtime after 40 hr/week. There's case law on this very subject out of Beaumont, Texas in approx '89. That is why FD's began rolling medics on all fire calls, to circumvent the ruling. However, the Bush administration pushed through a significant change in the FLSA rules in 2004 that changed the OT requirment for millions of workers to the benefit of industry. EMS may have been caught in that change.

Check out: http://www.dol.gov/esa/whd/flsa/
and http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

Once you make a claim, be ready to seek employment elsewhere. Texas is an at will employment state. You have some protection under the whistle blower statute, but they will find another reason to let you go, unless their foolish
locomedic21
12-19-2005, 18:45
ive worked 110 hours in 1 week thats the most ive worked we get OT after 40 hours a week my regular work schedule is 72 hours a week, working any more than 72 is not worth it because of taxes and all, It is in our handbook that we will have to stay as "mandatory holdovers"for up to 5 hours if excess people call off, or bad weather, MCI's, etc...