Firefighters and fire protection personnel are exempt from the normal overtime rules. Fire protection personnel are employees working for an organized fire department or fire district who have been trained for and have the legal authority and responsibility to engage in the prevention and control of fires.


Firefighters and police officers must generally be paid minimum wage and overtime for any hours worked over 53 per week. Time sleeping and eating may be excluded under certain conditions. Hours may be figured on the basis of a “work period” instead of the traditional weekly calculation. Under certain conditions rescue and law enforcement personnel may receive “comp” time rather than overtime pay.

Public safety employees often spend many hours on-call when they are not on duty. Under some circumstances this time must be included in hours worked for overtime purposes. One of the conditions to counting this time is that that the on-call time must have been used mainly for your employer's benefit. Below is a list of factors considered to determine if on-call time is included in hours worked.

• Does your employer places limits on how you may use your time when you are on-call? If so, that time may need to be included in the hours you have worked.

• What is the average number of calls you must respond to during that time? The more calls you have to respond to the more likely that your on-call hours should be included as hours worked.

• How much time is spent on a call after being called in? The more time spent responding to calls when you are on call makes it more likely that those hours should be included as hours worked.

• Can you be punished for lateness or not making it to a call? If so, your on-call time may be included in hours worked.

Often firefighters and rescue personnel work 24 hour shifts, during these shifts they are required to sleep on-site. If the shift last more than 24 hours and you have agreed with your employer that hours of sleep may be subtracted then up to 8 hours of sleep time per shift can be subtracted from paid hours. The agreement does not have to be “express,” meaning that you and your employer discussed the situation and decided to subtract the time. The agreement may be “implied,” meaning, for example, that your employer has been subtracting the 8 hours and you have never complained about it. Implied agreements are not limited to the previous example.

Similar to sleep time, public safety employees often take meals on-site due to long shifts. Employers may only subtract this time for paid hours if your shift lasts more than 24 hours, you are completely relieved of work duties during the meal time, and there is an express or implied agreement between you and your employer.

The Fair Labor Standards Act requires companies to pay its employees the correct wages if they qualify for overtime pay. In some cases, employers misclassify its employees in an attempt to avoid overtime pay.

Contact an unpaid overtime lawyer today. All contact form submissions are confidential.

Even if you think you don't qualify for overtime pay or do not see your profession listed in our Do I qualify for Overtime Pay Section, The Rasansky Law Firm's experienced Unpaid Overtime Wage Recovery Lawyers will look at your case and determine if there is any potential wrong doing by your company.

Potential Class Action Lawsuits may arise against your company due to common employer mistakes that you can join to recovery money that you may be entitled to.

The Rasansky Law Firm handles unpaid overtime claims and class action lawsuits on the behalf of unpaid overtime and employment victims NATIONWIDE.

The amount of overtime wages that can be recovered are time sensitive. Contact The Rasansky Law Firm immediately. All consultations are free and confidential. Your employer will not know you have contacted us.

If you feel your employer is violating any part of the Fair Labor Standards Act in your state, contact us immediately by calling us at (877) 321-6159 Nationwide.

You can also contact us immediately by filling out our confidential Contact Form. The amount of overtime wages that can be recovered is time sensitive, so do not hesitate to contact The Rasansky Law Firm immediately.

Employers often misclassify employees into thinking they don't qualify for overtime when in fact they do, which is only one example of many types of Employer Mistakes. Below is a listing of professions in which you may be eligable to recieve overtime pay depending on your specific sitation.

•Auto Dealership Employees
•Claims Adjusters
•Commissioned Sales
•Computer Professionals
•Day Care & Pre-School Employees
•EMS Workers
•Executive, Professional, & Administrative Employees
•Federal, State & Local Government Employees
•Firefighters and Fire Protection Personnel
•Hospital & Residential Care Facility Employees
•Independent Contractors
•Law Enforcement Personnel
•Managers, Supervisors, Asst. Managers & Assoc. Managers
•Mortgage Brokers
•Office Workers
•Resident Employees
•Restaurant Employees
•Salaried Employees
•Sales Employees
•Temporary Employees
•Trainees, Students, & Apprentices
•Truck Drivers