In this edition of Fire Law Vlog, Curt and Bill Maccarone discuss proposed legislation before Congress to extend the 7k partial overtime exemption to certain EMS providers in rural areas of the country. However, the current language produces more questions than answers.

Here is the proposed language of 29 USC § 207k with the new language in bold font:

“(k) Employment by public agency engaged in fire protection or law enforcement activities

No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) … and no public agency which is a political subdivision of a State that has fewer than 100,000 residents, and no private entity serving such a political subdivision pursuant to a contract with such political subdivision, shall be deemed to have violated subsection (a) with respect to the employment of any employee as an emergency medical technician or as a paramedic.”. if—

(1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or

(2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed.”

Here is a link to Bill’s blog that has more details.

Here are our upcoming FLSA classes:

Advanced FLSA: Calculating Regular Rate for Firefighters and other First Responders

Webinar – July 15, 2026  1:00PM Eastern

$175 per person Information / Register On-Line

FLSA Bootcamp for Volunteer and Combination Fire Departments

Webinar – August 12, 2026  1:00PM Eastern

$175 per person Information / Register On-Line

Advanced FLSA: Firefighter Work Schedules for the 21st Century

Webinar – August 20, 2026  1:00PM Eastern

$175 per person Information / Register On-Line

Fair Labor Standards Act for Fire Departments

October 13-15, 2026

Kansas City, Kansas hosted by the Kansas City (KS) Fire Department

$675 per person Information/Register On-Line