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 C—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 § 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 §§ 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.
Notes of Decisions
Singer v. City of Waco, Texas, 324 F.3d 813 (5th Cir. 2003).
· cites it 3× “§ 207 (k); 29 C.F.R. § 553.201 (a). Under 29 U.S.C. § 207 (k), a municipality can take advantage of that exemption by adopting a work period of between 7 and 28 days.”
Vela v. City of Houston, 276 F.3d 659 (5th Cir. 2001).
· cites it 4× “See 29 C.F.R. § 553.201 (a). 6 Alternatively, the City argued that the Daley Plaintiffs are exempt from the general rule providing overtime compensation for hours worked in excess of the standard forty-hour workweek under either the Learned Professional exemption 7 or the…”
Koelker v. Mayor & City Council of Cumberland, 599 F. Supp. 2d 624 (D. Maryland 2009).
· cites it 2× “” 29 C.F.R. § 553.201 . When employers choose a work period of less than twenty-eight days, the maximum number of hours is reduced proportionately.”
Keller v. City of Columbus, Ind., 778 F. Supp. 1480 (S.D. Ind. 1991).
· cites it 2× “at § 207(k); 29 C.F.R. § 553.201 (a) (1990). Exempt from these wage and hour provisions is any “employee employed in a bona fide executive, administrative, or professional capacity.”
McGavock v. City of Water Valley, 452 F.3d 423 (5th Cir. 2006).
“§ 203 (y), the four-part regulatory definition provided by 29 C.F.R. § 553.201 (a) will need to be revised.”
Spradling v. City of Tulsa, 95 F.3d 1492 (10th Cir. 1996).
“See 29 C.F.R. §§ 553.201 and 553.230. For a nine-day work period (as claimed by the City here), the DOL has established that 68 hours are the maximum number of hours a fire protection employee may work before he or she is paid an overtime wage.”
Scott v. City of New York, 592 F. Supp. 2d 386 (S.D.N.Y. 2008).
“§ 207(k)(l)(B); 29 C.F.R. § 553.201 . 103 . Chao, 514 F.3d at 285 (citing Holzapfel v.”
Boelter v. City of Coon Rapids, 67 F. Supp. 2d 1040 (D. Minnesota 1999).
· cites it 3× “§ 207 (k); see also 29 C.F.R. § 553.201 (a). 5 For any work period that is at least 7 but less than 28 days, the amount of overtime is calculated according to the same ratio.”
City of Sacramento v. Pub. Employees Ret. Sys., 91 Cal. Daily Op. Serv. 3404 (Cal. Ct. App. 1991).
“§ 207 (k); 29 C.F.R. § 553.201 .) 7 Public agencies employing firefighters are authorized to select a “work period” of at least seven but no more than twenty-eight days.”
— 29 C.F.R. § 553.201(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.