24 Hour Shifts

[CCMHmedic]

This is a topic that I haven't been able to get a lot of help on, so I thought I'd throw it out here for some advice. I work in a hospital based EMS system. We provide primary 911 ALS response for a pretty good sized city. We also have a BLS unit based at the volunteer fire station in a town about 8 miles away. That is our only rig that works 24 hour shifts. (24 on, 48 off) Herein lies the rub. The crews out there are only paid for 16 hours. The shift starts at 8a and runs until 10p. "Sleep time" is from 10p-6a, then shift time starts again from 6a-8a.

If you get a call during "Sleep time", you are on the clock for the duration of the call. If the call comes between 1a-3a, you get paid for the full 24 hour shift because it interrupts 5 hours of uninterrupted sleep time. How fair is this? Actually, how legal is this? Our feeling is that since you are not permitted to clock out and go home during "Sleep time", and are required to be available for calls, follow the rules and regulations, get into uniform, etc.... you should be paid for the full 24 hour shift.

Does anyone have any ideas as to whether that violates any laws? The Fire station is unmanned, and even though there is a shower, the only kitchen amenities are a refrigerator and microwave.

Does anyone have any thoughts on this? Some of us are trying to find out if we can file file a claim for back pay.

[medic-26]

CCMH, we started a similar thing here last October. Most of our trucks run 12 hour shift. We have 1 truck that is a 24 hour truck. I am one of the ones that ended up getting the gig. We also are only paid for 16 hours. The management did a lot of leg work looking into this. Apparently, according to the labor board, it is legal to do. The only thing is that they have to pay us for any time that we are up during "sleep hours". If we get less than 5 hours consecutive sleep, then they have to pay the full 24. So, according to all the county lawyers and everyone else, this is a fair and legal practice. Do I agree with it, probably not. But, if they were going to pay us for the full 24 every night that we worked, I would get a $15,000/year raise. So in the interest of budget, this is what they have done. I hope this answers your question. If you want the legal answers in print, I can try to get them for you after the holiday.

[Ridryder 911]

Check with the Federal Wage & Labor Board again, if you provide rescue etc. they have to pay additional. As well as much shortage as there is on medics, they would be advisable to pay the full 24 hr. it would be cheaper in the long run. I guarantee, my trip time would be no sleep.

Yes, it is legal and that sucks.. I highly suggest they do a community comparison to see what others do if they want to keep their medics. Otherwise, as soon as they become medics, they will leave for higher grounds...

Good luck... p.s. I like your avatar :wink:

R/r 911

[JakeEMTP]

I also work 24hr shifts. We are paid for the duration of the shift. Also, our work week is based on 40 hrs. Anything longer is time + 1/2. . 48 hrs one week, 72 the next. It is a private service that is supplemented by the non-emergency division of the company. Surprisingly, people aren't knocking down doors to work here. :?

[becksdad]

CCMHmedic - the service I worked for the last 3 years works a 24/48 schedule, pays O.T. for everything over 40 in a week. However, the year before I came on board with this agency they paid similar to yours. A lawsuit was filed for back pay/ O.T. abuse, and the Medics won. Everyone was compensated with a lot of back pay.

[Dustdevil]

Unfortunately, they can and will do this for one simple reason; because they can.

This is the very same reason that so many communities with financial resources still run volunteer EMS.

So long as people with no pride or professional options will work for free, there will be people who will "employ" them for free.

[akroeze]

The service I work for mostly has either 10 or 12hr stations.

The other 14 or 12 hours the crew is on pager time. They get $2.50/hr for carrying the pager and have to be on air in 8 minutes of a page. I'm actually on pager time right now. If you get a call, you get a MINIMUM of 4hrs at time and a half

[akflightmedic]

This practice is outdated and ridiculous. It is perfectly legal however as long as certian conditions are met.

I will post all the relevant links for you to read yourself as I researched this topic heavily about a year ago for a different site.

One of the reasons I love unions is to get rid of old crud like this. Anyways, it depends on how much you want to fight it and what the ramifications may be as a result of you fighting it. If you can show with documentation that you are consistently being paid for the full shift, then there is no reason for them not to do so. It is not saving money in the long run.

In addition, for them to do this, they have to provide adequate sleeping quarters, so if you are crashing on a couch, it is not legal for them to do this.

http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

This link is most relevant to your situation.

Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

http://www.dol.gov/dol/topic/workhours/nightwork.htm

http://www.dol.gov/esa/regs/compliance/whd..._responders.htm

[akflightmedic]

My question would not be so much about the schedule, but what is your work week? ARe you a 40 hour work week or 52, 56 hour week..what is it? Regardless, there are probably some pay issues involved with whatever answer you give me on that. Do they get zero days every few weeks or are they geting the full OT they deserve?

[Ridryder 911]

Basically the way I have seen it performed is they pay them a pretty good salary per hour for the 16 hrs then nothing or pay them a lower wage for the full 24.. it all comes out the same salary.

R/r 911