C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 553—APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS › Subpart A—General

29 C.F.R. § 553.20

Introduction

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Section 7 of the FLSA requires that covered, nonexempt employees receive not less than one and one-half times their regular rates of pay for hours worked in excess of the applicable maximum hours standards. However, section 7(o) of the Act provides an element of flexibility to State and local government employers and an element of choice to their employees or the representatives of their employees regarding compensation for statutory overtime hours. The exemption provided by this subsection authorizes a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, to provide compensatory time off (with certain limitations, as provided in § 553.21) in lieu of monetary overtime compensation that would otherwise be required under section 7. Compensatory time received by an employee in lieu of cash must be at the rate of not less than one and one-half hours of compensatory time for each hour of overtime work, just as the monetary rate for overtime is calculated at the rate of not less than one and one-half times the regular rate of pay.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2024 · leading case: Jacksonville Prof'l Fire Fighters Ass'n Local 2961, Iaff v. City of Jacksonville, 685 F. Supp. 513 (E.D.N.C. 1987).
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Jacksonville Prof'l Fire Fighters Ass'n Local 2961, Iaff v. City of Jacksonville, 685 F. Supp. 513 (E.D.N.C. 1987). “29 C.F.R. § 553.20 . Subsection (o) reads in part as follows: (o) Compensatory time (1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in accordance with this subsection and in lieu of overtime…”
York v. City of Wichita Falls, Tex., 763 F. Supp. 876 (N.D. Tex. 1990). “See 29 C.F.R. §§ 553.20 & 778.218(a). Courts and the U.”
Abendschein v. Montgomery Cnty., Md., 984 F. Supp. 356 (D. Maryland 1997). “Gibbs, as a decision dealing with the requirements of the Civil Service Reform Act and the failure of the federal employees to specifically exclude meal period disputes from their grievance procedures. Thus, the Court does not consider Hennessey controlling on the present case.”
Bleakly v. City of Aurora, 679 F. Supp. 1008 (D. Colo. 1988). “Applicable regulations promulgated under § 207(o) and found at 29 C.F.R. §§ 553.20 et seq. (July 1, 1987), provide in part as follows: “(a) Compensatory time and compensatory time off are interchangeable items under the FLSA.”
Murray v. City Of New York, New York (S.D.N.Y. 2020). “” 29 C.F.R. § 553.20 . Plaintiffs Rodriguez and Scott assert that they were not awarded comp time at the applicable time-and-a-half rate required by the FLSA, and seek $1,084 in damages.”
Perry v. Hardeman Cnty. Goverment (W.D. Tenn. 2024). “§ 207 (o)(1); 29 C.F.R. §§ 553.20 (a), 553.231(a). Defendants question whether each deputy in the proposed subclass shares all of the same theories of Defendants’ FLSA liability.”
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