American Medical Response
No Company is Too Big to Play Fair.On June 30, 2023, our law firm filed a lawsuit against American Medical Response, Inc. (“AMR”) alleging the company failed to pay its paramedics and emergency medical technicians (EMTs) overtime compensation in violation of federal overtime laws.
According to the Complaint, AMR contracts with FEMA and other smaller third-party companies to build 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 Complaint 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.
Frequently Asked Questions
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Q:Is This a Class Action? What Does that Mean?
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This is a potential collective action, not a class action, under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To make a claim and join the collective, however, a paramedic/EMT needs to provide her/his consent in writing. In addition, we will also seek court-authorized notice of this lawsuit to be distributed to all similarly situated paramedics and EMTs nationwide. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file a motion at the appropriate time asking the Court to grant our request for court-authorized notice.
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Q:Am I Eligible?
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You may be eligible to make a federal law claim in this case if you worked for AMR, through a third-party company, at any time within the past three years as a paramedic or EMT, were classified as an independent contractor, and were not paid an overtime premium for the hours you worked over 40 per week.
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Q:Which Locations Are Included?
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This case seeks to include all paramedics and EMTs who work or have worked for AMR at any of its deployment sites anywhere in the country within the past three years.
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Q:How Do I Join This Case?
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To make a claim in this case for any unpaid overtime under federal law, you must complete a consent form and return it to our office. You can also submit the form electronically by clicking here.
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Q:What Time Frame Does This Case Cover?
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The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitations is two years back from when your written consent form is filed with the court. If we can prove that AMR intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.
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Q:Do I Have to Pay Anything?
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You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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Q:How Do I Prove I Worked Overtime?
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You do not need to have records of the hours you worked to make a claim in this case. If you do have records of the hours you worked, however, please preserve and keep them until we ask you for them. If AMR did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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Q:What About Retaliation?
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It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com immediately.
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Q:How Long Will This Case Take?
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The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Q:Is There Money Available Now?
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No. This case was recently filed and is now pending in federal court. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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Q:How Can I Help?
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If you know any paramedics or EMTs who are interested in making a claim for unpaid overtime, please direct them to this website to fill out a consent form. They may also contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com to sign up.
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Q:How Do I Learn More?
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To learn more, contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com.