Horan v. King County, Wash.

• Decision Date: 20 March 1990
• Docket Number: No. C89-248Z.,C89-248Z.
• Citation: 740 F. Supp. 1471
• Parties: Stanley HORAN, et al., Plaintiffs, v. KING COUNTY, WASHINGTON, DIVISION OF EMERGENCY MEDICAL SERVICES, Defendant.
• Court: U.S. District Court — Western District of Washington

740 F. Supp. 1471

Stanley HORAN, et al., Plaintiffs, v. KING COUNTY, WASHINGTON, DIVISION OF EMERGENCY MEDICAL SERVICES, Defendant.

No. C89-248Z.

United States District Court, W.D. Washington, at Seattle.

March 20, 1990.

COPYRIGHT MATERIAL OMITTED

Thomas A. Woodley, Gregory K. McGillivary, Mulholland & Hickey, Washington, D.C., James H. Webster, Mark E. Brennan, Webster, Mrak & Blumberg, Seattle, Wash., for plaintiffs.

Kay Slonim, Deputy Pros. Atty., Norm Maleng, King County Pros. Atty., Seattle, Wash., for defendant.

ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND OTHER RULINGS

ZILLY, District Judge.

THIS MATTER comes before the Court on plaintiffs' motion for partial summary judgment and defendant's cross-motion for summary judgment. Having considered all materials filed in support of and in opposition to these motions, the Court GRANTS plaintiffs' motion for partial summary judgment (docket no. 30). The Court also GRANTS IN PART and DENIES IN PART defendant's motion for summary judgment (docket no. 36), and GRANTS the parties sixty (60) days to explore a possible settlement regarding damages. The parties are to provide the Court with a written status report within sixty (60) days of this Order concerning possible settlement.

BACKGROUND

The dispositive facts are uncontested. The plaintiffs are civilian, state-certified paramedics, currently or formerly employed by the defendant, Emergency Medical Services Division (EMSD) of King County. These individuals have all undergone the intensive one-year training course required by Washington State for paramedic certification. This training course emphasizes emergency medicine skills specified in WAC 248-15-060, and consists of extensive classroom and field training, including an apprenticeship with certified paramedics.

The defendant, EMSD, is a public agency employer with the duty of providing emergency medical services throughout South King County. EMSD operates a "two-tiered" response system for such emergencies. The first tier of the system is the police and firefighter/emergency medical technicians; the second tier of the system consists of four paramedic units.

When an emergency call initially comes in to a "9-1-1" dispatcher, firefighters, who are also emergency medical technicians (EMTs), are immediately dispatched to the emergency. Known as "first responders", these firefighter/EMTs are not only trained in fire protection, fire suppression, and extraction techniques, but also are capable of administering basic life support such as CPR. If the dispatcher determines that any injuries are potentially life-threatening, the dispatcher will also send a team of EMSD paramedics to the scene. The EMSD paramedics are capable of administering more advanced life support and medical care than the firefighter/EMTs. Thus, the EMSD paramedics, as the second tier of the emergency response team, provide backup emergency care.

Under EMSD's standard operating procedures, EMSD paramedics may not actually fight fires or extricate people who are in emergency situations. Merritt Dec. (docket no. 31), Ex. 7; Woodley Dec. (docket no. 32 (Call Dep.)), at 48-56. King County's EMSD paramedics are subject to discipline if they engage in these type of activities while on duty. See Merritt Dec. (docket no. 31), Exs. 8, 9. Their job is strictly limited to administering advanced emergency patient care and treatment, and providing emergency transportation as required.

Since April of 1986, the length of the King County paramedics' workweek has been regulated by the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. Under the FLSA, the standard workweek is forty (40) hours, and any employee who works more than 40 hours in a week is entitled to time-and-a-half overtime pay. 29 U.S.C. § 207(a)(1).¹ However, an exemption to the 40-hour workweek (known as the section 7(k) exemption) was created for fire protection and law enforcement employees employed by a public agency. 29 U.S.C. § 207(k). Under the section 7(k) exemption, fire protection employees are entitled to overtime pay only after working a fifty-three (53) hour workweek, while law enforcement personnel are entitled to overtime after working a forty-three (43) hour workweek. See 29 C.F.R. 553.230.

In 1985, King County learned that the FLSA would apply to state and local government employees by April of 1986. In anticipation of the FLSA's application to its work force, King County began to study the impact of the FLSA on its employees. The County's analysis included the following: (1) review of the Department of Labor (DOL)'s regulations² interpreting the section 7(k) exemption; (2) examination of the relevant DOL letter rulings, (3) attendance at FLSA-related seminars, and (4) consultations with the King County Prosecuting Attorney's Office and DOL representatives. As a result of its analysis, King County determined that its paramedics were "rescue service employees" whose "services are substantially related to fire-fighting or law enforcement activities". 29 C.F.R. § 553.215(a). Consequently, King County concluded that its paramedics could be treated as fire protection employees and thus were covered by the section 7(k) exemption entitling them to overtime pay only after a 53-hour workweek.

After King County determined the status of its paramedics for FLSA purposes, the union representing the King County paramedics, Local 2595 of the National Association of Firefighters, filed a complaint with the Department of Labor. The union's complaint alleged that King County's paramedics did not fit within the section 7(k) exemption and that the County's paramedics should therefore be paid overtime based on a 40-hour workweek. The DOL investigated the matter and orally confirmed King County's conclusion that its paramedics did qualify as "rescue service personnel" and thus were properly included within the section 7(k) exemption from the 40-hour workweek. No written findings were issued. See Blackstone Aff. (docket no. 39), at 6.

On February 23, 1989, thirty-six current and former King County paramedics filed suit against King County, seeking a declaratory judgment that they are not fire protection employees (and therefore must be paid overtime based on a 40-hour workweek), and a judgment for unpaid compensation owed to them, as well as liquidated damages, interest, reasonable attorney's fees, and costs, pursuant to 29 U.S.C. § 216(b).

On December 28, 1989, the plaintiffs moved for summary judgment as to whether, as a matter of law, King County's EMSD paramedics are fire protection employees for FLSA overtime purposes. The plaintiffs also requested that the Court allow them a reasonable period of time to explore a possible settlement with the defendant regarding damages, should the Court grant the plaintiffs' motion.

King County filed its cross-motion for summary judgment on January 22, 1989, requesting dismissal of the plaintiffs' claims. King County argues that its paramedics are exempt from the 40-hour workweek provisions under 29 C.F.R. §§ 553.210 and 553.215, and DOL letter rulings. However, if the EMSD paramedics are not found to be fire protection employees, the County moves this Court to determine, as a matter of law, that it is immune from liability based on the defenses contained in the Portal-to-Portal Pay Act, 29 U.S.C. §§ 259 and 260.

DISCUSSION

Summary judgment is appropriate if the pleadings and supplemental material "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). If a fairminded jury could return a verdict for the nonmoving party on the evidence presented, summary judgment must be denied. United Steelworkers of America v. Phelps Dodge Corp., 865 F.2d 1539, 1542 (9th Cir.), cert. denied, ___ U.S. ___, 110 S.Ct. 51, 107 L.Ed.2d 20 (1989). The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor, yet the inferences to be drawn must be permitted under the governing substantive law. Id.

In deciding the plaintiffs' and defendant's motions for summary judgment, the Court must determine the following: (1) whether the statutory language of the FLSA section 7(k) exemption for fire protection employees is clear and unambiguous on its face; (2) if not, whether DOL's regulations interpreting section 7(k), 29 C.F.R. §§ 553.210 and 553.215, are reasonable and consistent with the FLSA's legislative purpose; and (3) if these regulations are consistent, whether, under the regulations, King County's EMSD paramedics may be treated as fire protection employees for FLSA purposes and thus are within the section 7(k) exemption to the 40-hour workweek provisions. If the Court finds that the plaintiffs are not within the section 7(k) exemption, as King County believes they are, then the Court must also decide whether King County is liable to the plaintiffs for unpaid overtime compensation, liquidated damages, court costs, and attorney's fees.

The Court concludes that King County's EMSD paramedics are not fire protection or law enforcement employees for FLSA overtime purposes and that King County is consequently liable to the plaintiffs for their unpaid overtime compensation, court costs, and reasonable attorney's fees. However, the Court also concludes that King County did not willfully or in bad faith violate the FLSA and thus has limited immunity under the Portal-to-Portal Pay Act, 29 U.S.C. § 260. Accordingly, this Court, in its discretion, refuses to award plaintiffs liquidated damages.

A. FLSA STATUS OF KING COUNTY'S PARAMEDICS.

1. Statutory Language of Section 7(k) of the FLSA.

The dispute in this case centers on the interpretation of the provision of the FLSA that provides overtime protection to employees who are required to work long hours. Section 207(a)(1) of the FLSA sets forth the general requirement that most employees must be...