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

29 C.F.R. § 553.202

Limitations

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The application of sections 13(b)(20) and 7(k), by their terms, is limited to public agencies, and does not apply to any private organization engaged in furnishing fire protection or law enforcement services. This is so even if the services are provided under contract with a public agency.

Notes of Decisions
Cited in 2 cases, 1997–2019 · leading case: In Re Lower Merion Twp. Fire Dep't Labor Standards Litig., 972 F. Supp. 315 (E.D. Pa. 1997).
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In Re Lower Merion Twp. Fire Dep't Labor Standards Litig., 972 F. Supp. 315 (E.D. Pa. 1997). · cites it 2× “The Department of Labor’s regulation under the FLSA supports this premise: “The application of [the § 207(k) exception], by [its] terms, is limited to public agencies, and does not apply to any private organization engaged in furnishing fire protection or law enforcement…”
Cunningham v. Mission Support All. LLC (E.D. Wash. 2019). · cites it 2× “” 29 C.F.R. § 553.202 . 16 If section 207(k) is applicable, then the municipality bears the burden of proving 17 that it established a section 207(k) work period and that the work period was 18 regularly recurring, which is a question of fact.”
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