First Responders deemed Non-Exempt under the Fair Labor Standards Act (FLSA)
Police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees (“first responders”) who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victim, preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected an convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects preparing investigative reports; and other similar work are not exempt under Section 13 (a) (1) of the regulations and thus are protected by the minimum wage and overtime provisions of the FLSA.
First responders generally do not qualify as exempt employees because their primary duty is not management. They are not exempt administrative employees because their primary duty is not the performance of office or non-manual work directly related to the to management or general business operations of the employer or their employer’s customers. They are not exempt learned professionals because their primary duty is not the performance of work requiring knowledge of an advance type in a field or learning customarily acquired by a prolonged course of specialized intellectual instruction. Although some first responders have college degrees, a specialized academic degree is not a standard prerequisite for employment.