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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 |
29 CFR 553.231 - Compensatory time off.
- Section Number: 553.231
- Section Name: Compensatory time off.
(a) Law enforcement and fire protection employees who are subject to
the section 7(k) exemption may receive compensatory time off in lieu of
overtime pay for hours worked in excess of the maximum for their work
period as set forth in Sec. 553.230. The rules for compensatory time off
are set forth in Secs. 553.20 through 553.28 of this part.
(b) Section 7(k) permits public agencies to balance the hours of
work over an entire work period for law enforcement and fire protection
employees. For example, if a firefighter's work period is 28 consecutive
days, and he or she works 80 hours in each of the first two weeks, but
only 52 hours in the third week, and does not work in the fourth week,
no overtime compensation (in cash wages or compensatory time) would be
required since the total hours worked do not exceed 212 for the work
period. If the same firefighter had a work period of only 14 days,
overtime compensation or compensatory time off would be due for 54 hours
(160 minus 106 hours) in the first 14 day work period.
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