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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Application of the Fair Labor Standards Act to Employees of State and Local Governments |
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| Fire Protection and Law Enforcement Employees of Public Agencies |
(a) Section 7(k) of the Act provides a partial overtime pay
exemption for fire protection and law enforcement personnel (including
security personnel in correctional institutions) who are employed by
public agencies on a work period basis. This section of the Act formerly
permitted public agencies to pay overtime compensation to such employees
in work periods of 28 consecutive days only after 216 hours of work. As
further set forth in Sec. 553.230 of this part, the 216-hour standard
has been replaced, pursuant to the study mandated by the statute, by 212
hours for fire protection employees and 171 hours for law enforcement
employees. In the case of such employees who have a work period of at
least 7 but less than 28 consecutive days, overtime compensation is
required when the ratio of the number of hours worked to the number of
days in the work period exceeds the ratio of 212 (or 171) hours to 28
days.
(b) As specified in Secs. 553.20 through 553.28 of subpart A,
workers employed under section 7(k) may, under certain conditions, be
compensated for overtime hours worked with compensatory time off rather
than immediate overtime premium pay.