The complaint alleges AMR misclassified paramedics and EMTs as independent contractors and as a result, denied them overtime pay for hours worked over 40 per week.
MINNEAPOLIS, MN, July 14, 2023 /24-7PressRelease/ — On June 30, 2023, a paramedic who formerly worked with American Medical Response, Inc. (“AMR”) initiated a lawsuit alleging that the company failed to pay him and other similarly situated paramedics and emergency medical technicians (EMTs) overtime compensation in violation of federal overtime laws.
AMR contracts with FEMA to provide ground ambulance, air ambulance, paratransit services and non-ambulance emergency medical services (EMS) personnel to supplement federal and military response to disasters, acts of terrorism, and other public health emergencies.
According to the Complaint, AMR also contracts with smaller third party companies to build its rosters of paramedics and EMTs who can provide medical transportation on AMR’s deployment sites, which included sites for hurricanes, the COVID-19 pandemic, and other emergencies and disasters. The Complaint alleges that AMR, through its contracts with the third-party companies, paid the Plaintiff and other similarly situated paramedics and EMTs (who are alleged to have been misclassified as independent contractors when they should have been treated as employees) a flat daily rate only and no additional overtime premium for the overtime hours (over 40 per week) they worked.
The Complaints claims that AMR controlled various aspects of the Plaintiff’s and other paramedics and EMTs’ work, including dictating their work schedules, expectations, and details with respect to the work being performed. The Complaint also claims that AMR’s workforce includes W-2 employees who performed the same work and that AMR treats all paramedics and EMTs the same, regardless of their classification.
The case was filed as a putative collective action under the Fair Labor Standards Act (FLSA) and seeks to recover damages within the past three years, including unpaid overtime compensation and liquidated (double) damages.
The Plaintiff’s attorney, Rachhana T. Srey of Nichols Kaster, PLLP, explained, “it is clear that these smaller third-party companies exist to simply provide AMR with a workforce on its deployment sites and while there, AMR is in control. Under these circumstances, AMR should be held responsible for the overtime pay it denied Plaintiff and the other similarly situated paramedics and EMTs.”
The Plaintiff is represented by Rachhana T. Srey from Nichols Kaster, PLLP in Minneapolis, Minnesota. The case is Dagley v. American Medical Response, Inc, Case No.: 1:23-cv-01681 (District of Colorado). Additional information about how to join the case may be found at www.nka.com or by calling (612) 256-3259.
Nichols Kaster, PLLP, an employee, consumer, and civil rights firm has dedicated over 45 years to fighting for clients in individual and class action matters. With offices in Minneapolis, Minnesota and San Francisco, California, the firm is perfectly situated for the work it does representing plaintiffs in cases across the country. The firm has recently received a First Tier ranking on the 2023 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms.”
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