Council to vote on payment to EMS commanders who sued over pay

Aug. 06--

The Austin City Council is poised to pay more than $1 million to 25 current and former Austin-Travis County EMS commanders who claimed they were not appropriately paid for working overtime.

A federal judge found that the city violated federal law by not paying the commanders one-and-a-half times their regular pay for any hours they were on duty after working 40 hours in a week.

The lawsuit stretches back to 2007, and after a jury trial in 2012, U.S. District Judge Lee Yeakel awarded thousands in back pay to each commander from 2009 to February, when he issued his final judgment in the case.

Council members are set to vote Thursday on a payment of $1.6 million for unpaid overtime, court fees and other costs connected to the lawsuit, including approximately $350,000 earmarked for the commanders' attorney fees.

Money for the payment is available in the city's liability reserve fund, according to the council agenda.

Back pay for the commanders ranged from about $6,000 to $75,000, according to court records. Craig Deats, an Austin attorney who represented the commanders, said they are typically scheduled to work 48 hours a week, regularly working eight hours of overtime each week plus any additional shifts they cover.

All but one of the 25 commanders is or was a field commander in one of six assigned districts responsible for supervising 12 to 16 paramedics, captains and other medics, according to court records, but evidence presented in the trial showed that they have first-responder duties that are also significant, Yeakel wrote.

Ultimately, though, the jury found that the city failed to prove that the commanders were paid "on a salary basis at a rate of not less than $455 per week," one of several conditions that must apply to employees who are exempt from overtime compensation.

"The court concluded that the city, although it acted in good faith, should have classified the district commanders as 'non-exempt' employees because it failed to pay the plaintiffs on a 'salary basis,' the city said in a statement. "Accordingly, the city is paying the plaintiffs for overtime hours they worked and were not fully compensated for. The city has also re-classified all EMS district commanders as 'non-exempt' employees."

Deats said the commanders are happy the case is resolved and that they're now earning overtime.

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