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It is my understanding that when the federal OT changes were made last

year " emergency responders " were exempted from the " professional staff "

designation for OT exemption. I don't know if this would affect a

private service that does not do any emergency response.

AJL

________________________________

From: [mailto: ] On

Behalf Of Wayne D

Sent: Monday, November 07, 2005 10:44 AM

To: Texas EMS list

Subject: Pay Question

I recently talked with a private service about a position and was told

that they pay salary, and that they pay EMS personnel shift pay, as they

classify everyone as " professional staff " . My question is this still

legal? I know that by paying like this, they can work you as many hrs

as they wish and still pay the same amount.

Thanks,

Wayne

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I know that where I work, we were paid a flat monthly salary till this

year. According to the folks above my pay grade, the Dept of Labor

decided that in order to receive a monthly salary like that you had to

have so many people working under your supervision, since we didn't we

went to a salary plus where we were paid overtime for anything more than

40 hours, but it was a 40 hour base (which was ok since we work 36 hours

every other week, and we work 12 hour shifts). It now works better for

us when we work extra to cover somebody else. Like I mentioned, this is

how it was explained to me, and the reasoning behind it was so that the

salary system (for lack of a better term) would not be abused.

Crosby

EMT-B

Pay Question

I recently talked with a private service about a position and was told

that they pay salary, and that they pay EMS personnel shift pay, as they

classify everyone as " professional staff " . My question is this still

legal? I know that by paying like this, they can work you as many hrs

as they wish and still pay the same amount.

Thanks,

Wayne

---------------------------------

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Years ago I worked on a Service that paid shift pay, the Labor Board came in a

couple of years ago and changed that for them. We tried to change to a salary

here a few years back, and were told by our CPA firm that that was not going to

legally work, so we are still by the hour...

Greg

Wayne D wrote:

I recently talked with a private service about a position and was told that

they pay salary, and that they pay EMS personnel shift pay, as they classify

everyone as " professional staff " . My question is this still legal? I know that

by paying like this, they can work you as many hrs as they wish and still pay

the same amount.

Thanks,

Wayne

---------------------------------

Yahoo! FareChase - Search multiple travel sites in one click.

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Share on other sites

Years ago I worked on a Service that paid shift pay, the Labor Board came in a

couple of years ago and changed that for them. We tried to change to a salary

here a few years back, and were told by our CPA firm that that was not going to

legally work, so we are still by the hour...

Greg

Wayne D wrote:

I recently talked with a private service about a position and was told that

they pay salary, and that they pay EMS personnel shift pay, as they classify

everyone as " professional staff " . My question is this still legal? I know that

by paying like this, they can work you as many hrs as they wish and still pay

the same amount.

Thanks,

Wayne

---------------------------------

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Ask your CPA about salary plus. That would give you a base pay for so

many hours plus an over time pay rate for OT. It works out well where I

work anyway.

Crosby

EMT-B

________________________________

From: [mailto: ] On

Behalf Of Greg Grim

Sent: Monday, November 07, 2005 2:11 PM

To:

Subject: Re: Pay Question

Years ago I worked on a Service that paid shift pay, the Labor Board

came in a couple of years ago and changed that for them. We tried to

change to a salary here a few years back, and were told by our CPA firm

that that was not going to legally work, so we are still by the hour...

Greg

________________________________

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that event, please (a) immediately notify me by reply email, (B) do not review,

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electronic and physical copies thereof. Thank you.

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It's not my area of expertise, but I'd really suggest consulting with a

labor/employment attorney over a CPA. This is a tricky area of law and the Wage

and Hour folks at the Department of Labor are pretty strict.

-Wes

Re: Pay Question

Years ago I worked on a Service that paid shift pay, the Labor Board

came in a couple of years ago and changed that for them. We tried to

change to a salary here a few years back, and were told by our CPA firm

that that was not going to legally work, so we are still by the hour...

Greg

________________________________

________________________________________________________________________________\

_____

This email and its attachments, if any, are intended for the personal use of the

named recipient(s) and may contain confidential, privileged, or proprietary

information. If you are not a named recipient, or an agent responsible for

delivering it to a named recipient, you have received this email in error. In

that event, please (a) immediately notify me by reply email, (B) do not review,

copy, save, forward, or print this email or any of its attachments, and ©

immediately delete and/or destroy this email and its attachments and all

electronic and physical copies thereof. Thank you.

________________________________________________________________________________\

_____

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True, you have a good point there. I wonder if it would even be worth

contacting the Dept of Labor and asking them directly (but then, getting

a direct answer out of a bureaucrat aint exactly easy!!!).

Crosby

EMT-B

Re: Pay Question

It's not my area of expertise, but I'd really suggest consulting with a

labor/employment attorney over a CPA. This is a tricky area of law and

the Wage and Hour folks at the Department of Labor are pretty strict.

-Wes

________________________________________________________________________________\

_____

This email and its attachments, if any, are intended for the personal use of the

named recipient(s) and may contain confidential, privileged, or proprietary

information. If you are not a named recipient, or an agent responsible for

delivering it to a named recipient, you have received this email in error. In

that event, please (a) immediately notify me by reply email, (B) do not review,

copy, save, forward, or print this email or any of its attachments, and ©

immediately delete and/or destroy this email and its attachments and all

electronic and physical copies thereof. Thank you.

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True, you have a good point there. I wonder if it would even be worth

contacting the Dept of Labor and asking them directly (but then, getting

a direct answer out of a bureaucrat aint exactly easy!!!).

Crosby

EMT-B

Re: Pay Question

It's not my area of expertise, but I'd really suggest consulting with a

labor/employment attorney over a CPA. This is a tricky area of law and

the Wage and Hour folks at the Department of Labor are pretty strict.

-Wes

________________________________________________________________________________\

_____

This email and its attachments, if any, are intended for the personal use of the

named recipient(s) and may contain confidential, privileged, or proprietary

information. If you are not a named recipient, or an agent responsible for

delivering it to a named recipient, you have received this email in error. In

that event, please (a) immediately notify me by reply email, (B) do not review,

copy, save, forward, or print this email or any of its attachments, and ©

immediately delete and/or destroy this email and its attachments and all

electronic and physical copies thereof. Thank you.

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-- right now, I'd say that they might be willing to help. With the

(relatively) new regs on the books, I'd reckon that they're looking to help

people come into voluntary compliance. Email me off-list if you'd like a point

of contact with the San field office.

-Wes

Re: Pay Question

It's not my area of expertise, but I'd really suggest consulting with a

labor/employment attorney over a CPA. This is a tricky area of law and

the Wage and Hour folks at the Department of Labor are pretty strict.

-Wes

________________________________________________________________________________\

_____

This email and its attachments, if any, are intended for the personal use of the

named recipient(s) and may contain confidential, privileged, or proprietary

information. If you are not a named recipient, or an agent responsible for

delivering it to a named recipient, you have received this email in error. In

that event, please (a) immediately notify me by reply email, (B) do not review,

copy, save, forward, or print this email or any of its attachments, and ©

immediately delete and/or destroy this email and its attachments and all

electronic and physical copies thereof. Thank you.

________________________________________________________________________________\

_____

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If you are management,supervisor and above, as per

Wage and hour, you are not eligible for OT. Regular

employees on salary are still eligible for OT after 40

hrs.

Salvador Capuchino Jr

EMT-P

--- Wayne D wrote:

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

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If you are management,supervisor and above, as per

Wage and hour, you are not eligible for OT. Regular

employees on salary are still eligible for OT after 40

hrs.

Salvador Capuchino Jr

EMT-P

--- Wayne D wrote:

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

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Share on other sites

Wayne

This is not legal at all.

Private or public by law must pay you overtime any time over 40 hours. Unless

there is a contract in place. (i.e. fire departments)

There are several private ambualnce providers in Houston which do not pay OT

over 40. They are cheating their employees.

If you are not getting paid overtime and you are working 41 hours or more

contact TWC. They will exercise their position and get you the money you

deserve. And, TWC will do it for free.

Don't get cheated and don't work for anyone who is not going to pay you over

time.

If anyone needs the number to TWC or to a very good labor attorney, simply

replay and say I want that information and I will post it. (i just dont have it

right now)

I encourage everyone to attend the TAA meetings in South Padre. About two years

ago, they had a speaker who spoke directly about this subject.

Pay Question

I recently talked with a private service about a position and was told that

they pay salary, and that they pay EMS personnel shift pay, as they classify

everyone as " professional staff " . My question is this still legal? I know that

by paying like this, they can work you as many hrs as they wish and still pay

the same amount.

Thanks,

Wayne

---------------------------------

Yahoo! FareChase - Search multiple travel sites in one click.

Link to comment
Share on other sites

Wayne

This is not legal at all.

Private or public by law must pay you overtime any time over 40 hours. Unless

there is a contract in place. (i.e. fire departments)

There are several private ambualnce providers in Houston which do not pay OT

over 40. They are cheating their employees.

If you are not getting paid overtime and you are working 41 hours or more

contact TWC. They will exercise their position and get you the money you

deserve. And, TWC will do it for free.

Don't get cheated and don't work for anyone who is not going to pay you over

time.

If anyone needs the number to TWC or to a very good labor attorney, simply

replay and say I want that information and I will post it. (i just dont have it

right now)

I encourage everyone to attend the TAA meetings in South Padre. About two years

ago, they had a speaker who spoke directly about this subject.

Pay Question

I recently talked with a private service about a position and was told that

they pay salary, and that they pay EMS personnel shift pay, as they classify

everyone as " professional staff " . My question is this still legal? I know that

by paying like this, they can work you as many hrs as they wish and still pay

the same amount.

Thanks,

Wayne

---------------------------------

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Wayne, Please let me know what service this is,off

list,so I dont apply there. Thanks

--- wrote:

> Wayne

>

> This is not legal at all.

>

> Private or public by law must pay you overtime any

> time over 40 hours. Unless there is a contract in

> place. (i.e. fire departments)

>

> There are several private ambualnce providers in

> Houston which do not pay OT over 40. They are

> cheating their employees.

>

> If you are not getting paid overtime and you are

> working 41 hours or more contact TWC. They will

> exercise their position and get you the money you

> deserve. And, TWC will do it for free.

>

> Don't get cheated and don't work for anyone who is

> not going to pay you over time.

>

> If anyone needs the number to TWC or to a very good

> labor attorney, simply replay and say I want that

> information and I will post it. (i just dont have it

> right now)

>

> I encourage everyone to attend the TAA meetings in

> South Padre. About two years ago, they had a speaker

> who spoke directly about this subject.

>

>

> Pay Question

>

>

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

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http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

DOL Fairpay Website...

Curtis Mc EMT-P, CCEMT-P, FP-C

Re: Pay Question

Wayne, Please let me know what service this is,off

list,so I dont apply there. Thanks

--- wrote:

> Wayne

>

> This is not legal at all.

>

> Private or public by law must pay you overtime any

> time over 40 hours. Unless there is a contract in

> place. (i.e. fire departments)

>

> There are several private ambualnce providers in

> Houston which do not pay OT over 40. They are

> cheating their employees.

>

> If you are not getting paid overtime and you are

> working 41 hours or more contact TWC. They will

> exercise their position and get you the money you

> deserve. And, TWC will do it for free.

>

> Don't get cheated and don't work for anyone who is

> not going to pay you over time.

>

> If anyone needs the number to TWC or to a very good

> labor attorney, simply replay and say I want that

> information and I will post it. (i just dont have it

> right now)

>

> I encourage everyone to attend the TAA meetings in

> South Padre. About two years ago, they had a speaker

> who spoke directly about this subject.

>

>

> Pay Question

>

>

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

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Share on other sites

This subject gets me going.

I read in someone else's about EMS staff being classified as " professional

staff "

EMS staff are NOT " professional staff " .

A " professional staff " is someone such as a president, vice-president, doctor,

attorney, CPA, etc. A " professional staff " is someone who make their own hours.

A " professional staff " is NOT someone who is scheduled to work an 8am to 8pm

shift on an ambulance this Friday.

For further information on " professional staff " go to the link below.

http://www.twc.state.tx.us/news/efte/duties_tests.html

A list of those that exempt from over time are at the link below. And I bet you

EMS staff are not on the list.

http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html

For information on Texas Payday law and Fair Labor Act go to the lick below.

http://www.twc.state.tx.us/ui/lablaw/lablaw.html

For someone who is wanting to get back overtime wages due to them check out

these guys. But, TWC is free. I will post a few other attorney

http://www.cbandco.com/labor.html

If you are working over 40 hours and are not getting paid overtime you are being

cheated. Don't get cheated out of wages contact someone today and get the money

you deserve.

I believe everyone in EMS works hard for what we do. We are EMS and damit give

me my money.

Pay Question

>

>

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

Link to comment
Share on other sites

This subject gets me going.

I read in someone else's about EMS staff being classified as " professional

staff "

EMS staff are NOT " professional staff " .

A " professional staff " is someone such as a president, vice-president, doctor,

attorney, CPA, etc. A " professional staff " is someone who make their own hours.

A " professional staff " is NOT someone who is scheduled to work an 8am to 8pm

shift on an ambulance this Friday.

For further information on " professional staff " go to the link below.

http://www.twc.state.tx.us/news/efte/duties_tests.html

A list of those that exempt from over time are at the link below. And I bet you

EMS staff are not on the list.

http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html

For information on Texas Payday law and Fair Labor Act go to the lick below.

http://www.twc.state.tx.us/ui/lablaw/lablaw.html

For someone who is wanting to get back overtime wages due to them check out

these guys. But, TWC is free. I will post a few other attorney

http://www.cbandco.com/labor.html

If you are working over 40 hours and are not getting paid overtime you are being

cheated. Don't get cheated out of wages contact someone today and get the money

you deserve.

I believe everyone in EMS works hard for what we do. We are EMS and damit give

me my money.

Pay Question

>

>

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

Link to comment
Share on other sites

This is true, but convince employers of that to classify you different. I have

been paid so many different ways to get out of paying OT it would be funny if it

was not me and I did not have to agree to it to have or keep a job in EMS. The

next thing is to convince the Dept of Labor of this - I have had conversations

with them about a couple of jobs - no help there either

Peggy S.

wrote:

This subject gets me going.

I read in someone else's about EMS staff being classified as " professional

staff "

EMS staff are NOT " professional staff " .

A " professional staff " is someone such as a president, vice-president, doctor,

attorney, CPA, etc. A " professional staff " is someone who make their own hours.

A " professional staff " is NOT someone who is scheduled to work an 8am to 8pm

shift on an ambulance this Friday.

For further information on " professional staff " go to the link below.

http://www.twc.state.tx.us/news/efte/duties_tests.html

A list of those that exempt from over time are at the link below. And I bet you

EMS staff are not on the list.

http://www.twc.state.tx.us/news/efte/exemptions_from_overtime_only.html

For information on Texas Payday law and Fair Labor Act go to the lick below.

http://www.twc.state.tx.us/ui/lablaw/lablaw.html

For someone who is wanting to get back overtime wages due to them check out

these guys. But, TWC is free. I will post a few other attorney

http://www.cbandco.com/labor.html

If you are working over 40 hours and are not getting paid overtime you are being

cheated. Don't get cheated out of wages contact someone today and get the money

you deserve.

I believe everyone in EMS works hard for what we do. We are EMS and damit give

me my money.

Pay Question

>

>

> I recently talked with a private service about a

> position and was told that they pay salary, and that

> they pay EMS personnel shift pay, as they classify

> everyone as " professional staff " . My question is

> this still legal? I know that by paying like this,

> they can work you as many hrs as they wish and still

> pay the same amount.

>

> Thanks,

> Wayne

>

>

> ---------------------------------

> Yahoo! FareChase - Search multiple travel sites in

> one click.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

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" eligible " is the wrong word. If they classify you as exempt, they're

not REQUIRED to pay you OT. Nothing says they CAN'T, just that they

don't HAVE TO.

Mike :)

> If you are management,supervisor and above, as per

> Wage and hour, you are not eligible for OT. Regular

> employees on salary are still eligible for OT after 40

> hrs.

> Salvador Capuchino Jr

> EMT-P

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" eligible " is the wrong word. If they classify you as exempt, they're

not REQUIRED to pay you OT. Nothing says they CAN'T, just that they

don't HAVE TO.

Mike :)

> If you are management,supervisor and above, as per

> Wage and hour, you are not eligible for OT. Regular

> employees on salary are still eligible for OT after 40

> hrs.

> Salvador Capuchino Jr

> EMT-P

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" eligible " is the wrong word. If they classify you as exempt, they're

not REQUIRED to pay you OT. Nothing says they CAN'T, just that they

don't HAVE TO.

Mike :)

> If you are management,supervisor and above, as per

> Wage and hour, you are not eligible for OT. Regular

> employees on salary are still eligible for OT after 40

> hrs.

> Salvador Capuchino Jr

> EMT-P

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In a message dated 11/8/2005 2:37:56 P.M. Central Standard Time,

ExLngHrn@... writes:

A shameless plug... how LAWYERLY.... ;-)

Please join me as I induct Dudley into the bar. Such a lack of shame cannot

go unrecognized or unpunished.

And entry to the Bar is punishment?

Louis N. Molino, Sr., CET

FF/NREMT-B/FSI/EMSI

LNMolino@...

(Office)

(Cell Phone)

(Office Fax)

" A Texan with a Jersey Attitude "

The comments contained in this E-mail are the opinions of the author and the

author alone. I in no way ever intend to speak for any person or

organization that I am in any way whatsoever involved or associated with unless

I

specifically state that I am doing so. Further this E-mail is intended only for

its

stated recipient and may contain private and or confidential materials

retransmission is strictly prohibited unless placed in the public domain by the

original author.

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In a message dated 11/8/2005 2:37:56 P.M. Central Standard Time,

ExLngHrn@... writes:

A shameless plug... how LAWYERLY.... ;-)

Please join me as I induct Dudley into the bar. Such a lack of shame cannot

go unrecognized or unpunished.

And entry to the Bar is punishment?

Louis N. Molino, Sr., CET

FF/NREMT-B/FSI/EMSI

LNMolino@...

(Office)

(Cell Phone)

(Office Fax)

" A Texan with a Jersey Attitude "

The comments contained in this E-mail are the opinions of the author and the

author alone. I in no way ever intend to speak for any person or

organization that I am in any way whatsoever involved or associated with unless

I

specifically state that I am doing so. Further this E-mail is intended only for

its

stated recipient and may contain private and or confidential materials

retransmission is strictly prohibited unless placed in the public domain by the

original author.

Link to comment
Share on other sites

In a message dated 11/8/2005 2:37:56 P.M. Central Standard Time,

ExLngHrn@... writes:

A shameless plug... how LAWYERLY.... ;-)

Please join me as I induct Dudley into the bar. Such a lack of shame cannot

go unrecognized or unpunished.

And entry to the Bar is punishment?

Louis N. Molino, Sr., CET

FF/NREMT-B/FSI/EMSI

LNMolino@...

(Office)

(Cell Phone)

(Office Fax)

" A Texan with a Jersey Attitude "

The comments contained in this E-mail are the opinions of the author and the

author alone. I in no way ever intend to speak for any person or

organization that I am in any way whatsoever involved or associated with unless

I

specifically state that I am doing so. Further this E-mail is intended only for

its

stated recipient and may contain private and or confidential materials

retransmission is strictly prohibited unless placed in the public domain by the

original author.

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Share on other sites

,

Don't be so quick to claim the non-legal nature of this...I can think of several

circumstances in which Wayne's scenario would be completely legal and viable

alternatives to pay people...up until the part where they top 40 hours and don't

pay OT....if the person does not meet one of the salary tests...

BTW, shamless plug coming...Wes Ogilvie and I will be speaking to these very

issues on Monday of the State Conference from 1100 to 1200....we have a fun time

and provide a TON of information on wage and hour as well as other topics...

Sorry...couldn't avoid that.

Dudley

Re: Pay Question

Wayne

This is not legal at all.

Private or public by law must pay you overtime any time over 40 hours. Unless

there is a contract in place. (i.e. fire departments)

There are several private ambualnce providers in Houston which do not pay OT

over 40. They are cheating their employees.

If you are not getting paid overtime and you are working 41 hours or more

contact TWC. They will exercise their position and get you the money you

deserve. And, TWC will do it for free.

Don't get cheated and don't work for anyone who is not going to pay you over

time.

If anyone needs the number to TWC or to a very good labor attorney, simply

replay and say I want that information and I will post it. (i just dont have it

right now)

I encourage everyone to attend the TAA meetings in South Padre. About two years

ago, they had a speaker who spoke directly about this subject.

Pay Question

I recently talked with a private service about a position and was told that

they pay salary, and that they pay EMS personnel shift pay, as they classify

everyone as " professional staff " . My question is this still legal? I know that

by paying like this, they can work you as many hrs as they wish and still pay

the same amount.

Thanks,

Wayne

---------------------------------

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