Gonzalez v. City of Deerfield Beach
549 F.3d 1331 (11th Cir. 2008)
In an action for unpaid overtime compensation pursuant to the Fair Labor Standards Act, plaintiffs, 12 current and former employees of defendant city, appealed a decision granting summary judgment in favor of the city. The suit was brought under the FLSA's collective action provision, 29 U.S.C.S. § 216(b). Each of the 12 employees worked for the city's fire and rescue department as either emergency medical technicians or rescue supervisors. Although trained in fire suppression, they almost exclusively provided emergency medical assistance. The city argued that it was not required to pay overtime wages under the exemption in 29 U.S.C.S. § 207(k) of the FLSA for employees engaged in fire protection activity, as defined in 29 U.S.C.S. § 207(y). The employees conceded that they were trained in emergency fire suppression but argued that they did not have the responsibility to engage in fire suppression as required by § 207(y). Following binding precedent, the court held that the employees were subject to the exemption regardless of whether they had ever actually engaged in fire suppression. They were equipped with fire-fighting equipment and could be ordered to fight a fire at their employer's discretion if needed and if they refused, they would be subjected to discipline. It was irrelevant that, under the city's operating procedures, the employees were unlikely to be called upon to help suppress a fire. Therefore, summary judgment was affirmed.