Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to standard overtime pay. The Ninth Circuit held: “Because Plaintiffs do not qualify as ‘employees engaged in fire protection’ as defined by section 203 (y0, 207(k)’s exemption does not apply to dispatchers and aeromedical technicians. Because the City acted in willful violation of the law, we AFFIRM the district court’s findings that a three-year statute of limitations applies and liquidated damages are proper. And because the statutory language of section 207(h), as well as persuasive authorities, supports a workweek-by-workweek offset, we AFFIRM the district court’s holding that this method of calculation must be used.” (Haro v. City of Los Angeles (Ninth Cir.; March 18, 2014)745 F.3d 1249.)
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