An emergency medical services (EMS) employee could proceed with a class action against Cleveland County, N.C., for failing to pay full straight time along with overtime pay under the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of Appeals ruled.
The plaintiff worked as an EMS employee for Cleveland Emergency Services (CES). She worked on a 21-day repeating schedule of one 24-hour shift followed by 48 hours off (a 24 on/48 off schedule). Full-time EMS personnel who work a 24 on/48 off schedule will always work more than 40 hours per week, since they will have at least two (and sometimes three) 24-hour shifts each week.
