A paramedic launched a federal lawsuit against Montgomery County that claims the county failed to pay him and other “similarly situated medics” overtime as required by the Fair Labor Standards Act.
Gary Perry, with Montgomery County Emergency Medical Services, filed the suit Oct. 28 in U.S. District Court for the Middle District of Tennessee, alleging the county did not pay him overtime after he worked a standard 40-hour week.
The lawsuit claims Montgomery County, “knowingly, willfully or with reckless disregard carried out its illegal pattern or practice of failing to properly pay overtime compensation with respect to Perry and the Members of the Class.”
The Members of the Class are identified in the suit as paramedics, EMTs, lieutenants or captains who performed the same job duties, responding to the need for immediate medical care.
Perry has worked for Montgomery County since 1990 and most recently as the captain district chief paramedic for Montgomery County EMS 13.
The suit said, “At all relevant times, Perry was a non-exempt employee who was entitled to be paid time and a half for hours over 40 worked in any work week.”
It said Perry and others in his collective class of employees have worked within the past three years for the Montgomery County EMS as non-exempt FLSA employees.
In his role as the captain district chief paramedic, Perry said he was required to work 120 hours for two weeks, 120 hours for the following two weeks and then 96 hours for the final two-week period.
This work cycle repeated every six weeks for Perry and his fellow employees.
Perry claims he was paid $38.61 per hour for all worked performed, regardless if the work exceeded 40 hours per week.
He requested relief for himself and all employees similarly situated who join the action, all unpaid wages and overtime compensation.
The lawsuit requests punitive damages for the county’s alleged “failures and willful actions and compensation for any and all other damages suffered as a consequence of the county’s unlawful actions.”
A monetary figure was not named in the suit. Perry requested a trial by jury in the case.
Main Street Clarksville reached out to the county for a response to Perry’s lawsuit. County Attorney Tim Harvey said the county does not comment on pending litigation.