29 C.F.R. § 553.213

Public agency employees engaged in both fire protection and law enforcement activities

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(a) Some public agencies have employees (often called “public safety officers”) who engage in both fire protection and law enforcement activities, depending on the agency needs at the time. This dual assignment would not defeat either the section 13(b)(20) or 7(k) exemption, provided that each of the activities performed meets the appropriate tests set forth in §§ 553.210 and 553.211. This is so regardless of how the employee's time is divided between the two activities. However, all time spent in nonexempt activities by public safety officers within the work period, whether performed in connection with fire protection or law enforcement functions, or with neither, must be combined for purposes of the 20 percent limitation on nonexempt work discussed in § 553.212.

(b) As specified in § 553.230, the maximum hours standards under section 7(k) are different for employees engaged in fire protection and for employees engaged in law enforcement. For those employees who perform both fire protection and law enforcement activities, the applicable standard is the one which applies to the activity in which the employee spends the majority of work time during the work period.

Notes of Decisions

Cited in 5 cases, 1990–2010 · leading case: Cremeens v. City of Montgomery, 602 F.3d 1224 (11th Cir. 2010).

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Cremeens v. City of Montgomery, 602 F.3d 1224 (11th Cir. 2010). · cites it 5× “The precise question of this appeal is whether § 203(y) also renders obsolete a third DOL regulation, the “dual assignment” provision of 29 C.F.R. § 553.213 (the “dual assignment regulation”), which controls public agency payments of overtime to employees who perform both fire…”

Spires v. Ben Hill Cnty., 745 F. Supp. 690 (M.D. Ga. 1990). · cites it 2× “Defendants overlook the fact that 29 CFR § 553.213 , covering public safety officers who are engaged in both fire protection and law enforcement activities, 16 re *700 quires that the nonexempt activities be combined for the purposes of nonexempt work discussed in section 553.”

Wouters v. Martin Cnty., 9 F.3d 924 (11th Cir. 1993). “29 C.F.R. § 553.213 (a) (1993) (emphasis added).”

Just. v. Metro. Gov't of Nashville, 4 F.3d 1387 (6th Cir. 1993). “215 requires that 29 C.F.R. § 553.213 (b) (1993) 4 be applied.”

CREMEENS v. City of Montgomery, 661 F. Supp. 2d 1253 (M.D. Ala. 2009). · cites it 5× “” See 29 C.F.R. § 553.213 . That regulation recognizes that the maximum hour standards under § 207(k) are different for employees engaged in fire protection and for employees engaged in law enforcement and provides that [f|or those employees who perform both fire protection and…”

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