Overtime Rights for First Responders: What You Need to Know

First responders are typically entitled to overtime pay, and this is not subject to debate under the Fair Labor Standards Act (FLSA). This federal law spells it out clearly: public safety workers don’t qualify for the usual “white-collar” exemptions that often apply to salaried office employees.

Here’s some quick context:

In April 2024, the Department of Labor issued an update to the overtime rules, including higher salary thresholds and a system to keep those figures current. However, a federal court blocked the change later that year. So for now, we’re still using the 2019 standards, which require:

• At least $684/week in salary
• Or $107,432/year for highly compensated employees

But here’s the key takeaway:

None of this changes how the law treats first responders. The FLSA has special rules for public safety roles, and these roles are typically not exempt from overtime, regardless of how they are paid or titled.

Let’s look at why that is.

Why First Responders Don’t Fall Under White-Collar Exemptions

The FLSA makes certain exceptions for executive, administrative, professional, and computer-related roles, but first responders aren’t on that list. That’s because the exemptions are designed for jobs where the primary duties involve managing teams, running office operations, or performing highly specialized academic work.

That’s not the reality for most emergency personnel.

Here’s the bottom line:

Even if you earn a solid salary or carry serious responsibility, you're still covered by minimum wage and overtime laws if your job is hands-on, reactive, and rooted in public safety.

Whether you're running into burning buildings or responding to 911 calls, the law says you deserve overtime for those extra hours on the front lines.

Emergency Workers Covered by the FLSA

Federal law protects a wide range of public safety professionals under the Fair Labor Standards Act, regardless of their job title or role. Here are just a few roles that fall under those protections:

• Police officers
• Firefighters
• Paramedics and EMTs
• State troopers and highway patrol
• Detectives and criminal investigators
• Deputy sheriffs and correctional officers
• Parole or probation officers
• Park rangers and rescue workers
• Ambulance crews and HAZMAT teams

What unites these jobs isn’t just the uniform—it’s the hands-on, high-stakes nature of the work. Typical duties may include:

• Fighting fires and containing hazardous materials
• Providing emergency medical care
• Rescuing victims during accidents, crimes, or disasters
• Chasing and apprehending suspects
• Enforcing laws and conducting arrests
• Interviewing witnesses or suspects
• Filing detailed incident reports
• Supervising inmates or individuals on parole

It’s important to note: job titles alone don’t determine whether you’re exempt from overtime. What matters is the nature of your work. And if that work is tied to public safety and emergency response, the FLSA has your back.

Degrees Don’t Determine Exemption

You may have a college degree or advanced training, but under the FLSA, that doesn’t automatically exempt you from overtime.

What matters isn’t your education or your title—it’s the actual work you perform.

First responders are action-oriented. Your job is to respond in real time to emergencies, not sit behind a desk managing policy or administrative tasks. That hands-on, reactive nature of the job is exactly why you’re considered nonexempt under federal law.

And being nonexempt means two key things:

• You must be paid at least the federal minimum wage.
• You’re entitled to overtime pay—that’s time and a half—for every hour worked over 40 in a single week.

Bottom line: credentials don’t override your right to fair pay.

The Primary Duty Test

To be exempt from overtime, a worker’s primary duty must fall under specific legal definitions. First responders don’t meet those definitions because:

• They don’t manage other employees as their main duty
• They don’t perform administrative work tied to the business side of an organization
• Their work doesn’t require knowledge typically acquired through a lengthy academic program

Even if some of the work overlaps with white-collar tasks, it’s the main function of the job that matters most. In public safety, the primary duty is to respond, not manage or plan.

Why This Matters for Workers

Overtime can make a major difference in your paycheck. This is especially true in jobs where long hours and late shifts are the norm.

Suppose you’re a first responder and not getting paid overtime; your employer may be breaking federal law.

This also applies to training hours, on-call time, and post-shift duties, such as report writing. Just because you’re salaried or your role sounds "professional" doesn’t mean your employer can skip out on those extra hours.

Disclaimer: This information is based on fact sheets the DOL provides.

Concerned About Your Paycheck?

First responders constantly risk their lives to save ours. But who responds to their calls for help when they need someone to fight for their paycheck?

That’s where Morgan & Morgan comes in.

If you think you’ve been misclassified or shorted on overtime, talk to us by filling out our free case evaluation form. Our employment attorneys might be able to fight for you.