United States Third Circuit

In an action against defendant-city involving the issue of whether fire service paramedics ("FSPs") employed by a city's fire department have "legal authority and responsibility" for fire suppression activities within the meaning of Fair Labor Standards Act ("FSLA") for purposes of overtime pay requirements, summary judgment in favor of city is reversed and remanded where: 1) as a matter of law, the FSPs do not have a responsibility for fire suppression activities; and 2) FSPs were not exempted from the overtime provisions of the FLSA, as defendant failed to meet the burden of showing that those activities fell within the 29 U.S.C. section 207(k) exemption from overtime pay requirements.

Appellate Information

• Argued 10/25/2007
• Decided 05/28/2008
• Published 05/28/2008

Judges

• Before SLOVITER, CHAGARES, and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert A. Jones (Argued), Chamberlain, Kaufman & Jones, Albany, NY, Attorney for Appellants.


• For Appellees:
  
• George A. Voegele, Jr. (Argued), Cozen & O'Connor, Philadelphia, PA, Attorney for Appellee., Brian P. Walter, Liebert Cassidy Whitmore, Los Angeles, CA, Attorney for Amici-Appellees League of California Cities, International Municipal Lawyers Association, National League of Cities, National Association of Counties, National Public Employer Labor Relations Association and the International Public Management Association for Human Resources.