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Florida Local Wins Federal Lawsuit In Overtime Dispute
September 20, 2006 – Plantation, FL Local 4430, which represents
paramedics and other emergency workers, won a Fair Labor Standards Act (FLSA)
lawsuit against the City of Plantation mandating that the City immediately pay
paramedics for a 40-hour work week and pay overtime for work in excess of 40
hours.
The members of Local 4430 are employed in the Rescue Division of
the Plantation Fire Department as full-time employees performing solely
emergency medical services as EMTs, paramedics and rescue lieutenants.
Plantation has all volunteer fire fighters.
Since Local 4430 was organized in 2005, the City has threatened,
intimidated and discriminated against members of the Plantation Professional
Paramedics and EMTs for leading a fight to make sure that the City’s EMS workers
get paid for the hours they work. Since Local 4430 members have no authority or
responsibility regarding fire fighting activities, under FLSA law, they must be
paid overtime compensation after 40 hours in a 48-hour work week.
“The City of Plantation was trying to cheat these emergency
workers out of pay they’ve earned working and protecting its citizens,” says
IAFF General President Harold Schaitberger. “We fought back, assisting our local
through the IAFF Guardian Policy, and now our members will get what they are
owed for their service.”
IAFF 12th District Vice President Dominick Barbera told the
South Florida Sun Sentinal, “It was important to win this case because it showed
the City that they cannot have disregard for the law and not pay their employees
properly.”
IAFF legal counsel, Woodley & McGillivary, is representing
Plantation Local 4430 and will meet with City officials to determine the amount
of back pay owed.
In addition to the FLSA lawsuit, other Local 4430 paramedics
have filed a second lawsuit – which is still pending – fighting the City’s
violations of their right to form a union. “We expect to send this anti-union
City government a clear message when all is said and done in this second case --
if you mess with the rights of IAFF members, we’re going to come right back at
you with the full force of this International Union,” says Schaitberger.
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