29 C.F.R. § 553.2

Purpose and scope

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(a) The 1985 Amendments to the Fair Labor Standards Act (FLSA) changed certain provisions of the Act as they apply to employees of State and local public agencies. The purpose of part 553 is to set forth the regulations to carry out the provisions of these Amendments, as well as other FLSA provisions previously in existence relating to such public agency employees.

(b) The regulations in this part are divided into three subparts. Subpart A interprets and applies the special FLSA provisions that are generally applicable to all covered and nonexempt employees of State and local governments. Subpart A also contains provisions concerning certain individuals (i.e., elected officials, their appointees, and legislative branch employees) who are excluded from the definition of “employee” and thus from FLSA coverage. This subpart also interprets and applies sections 7(o), and 7(p)(2), 7(p)(3), and 11(c) of the Act regarding compensatory time off, occasional or sporadic part-time employment, and the performance of substitute work by public agency employees, respectively.

(c) Subpart B of this part deals with “volunteer” services performed by individuals for public agencies. Subpart C applies various FLSA provisions as they relate to fire protection and law enforcement employees of public agencies.

Notes of Decisions

Cited in 6 cases, 1990–2017 · leading case: Auer v. Robbins, 519 U.S. 452 (1997).

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Auer v. Robbins, 519 U.S. 452 (1997). “They contend, however, that the “no disciplinary deductions” element of the salary-basis test is invalid for public-sector employees because as applied to them it reflects an unreasonable interpretation of the statutory exemption.”

Monahan v. Cnty. of Chesterfield, 95 F.3d 1263 (4th Cir. 1996). · cites it 2× “Compare 29 C.F.R. § 553.2 (a) (purpose of part 553 is to set forth regulations to carry out FLSA provisions) with 29 C.”

Moreau v. Harris Cnty., 158 F.3d 241 (5th Cir. 1998). “The regulations reiterate that in compensating employees for overtime work, a public agency may not substitute compensatory time off for overtime cash pay unless there was an agreement or understanding to do so between the employer and the employee (or the employee’s…”

Spires v. Ben Hill Cnty., 745 F. Supp. 690 (M.D. Ga. 1990). “3 of title 29 of the Code of Federal Regulations (CFR). 11 . Under section 207(a)(1), an employee works 160 hours per 28 day period (or 40 hours in a workweek) before the employer must pay overtime.”

Colburn v. Dep't of Pub. Saf. & Corr. Servs., 939 A.2d 716 (Md. 2008). “See also 29 C.F.R. §§ 553.2 (b) and 553.32(c) (1996) (expressly applicable to public-sector employees).”

Gould et al v. First Student Mgmt., 2017 DNH 161 (D.N.H. 2017). “3d at 1070 ; compare 29 C.F.R. § 553.2 (describing purpose of part 533) with § 778.”

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