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. § 553.220

“Tour of duty” defined

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(a) The term “tour of duty” is a unique concept applicable only to employees for whom the section 7(k) exemption is claimed. This term, as used in section 7(k), means the period of time during which an employee is considered to be on duty for purposes of determining compensable hours. It may be a scheduled or unscheduled period. Such periods include “shifts” assigned to employees often days in advance of the performance of the work. Scheduled periods also include time spent in work outside the “shift” which the public agency employer assigns. For example, a police officer may be assigned to crowd control during a parade or other special event outside of his or her shift.

(b) Unscheduled periods include time spent in court by police officers, time spent handling emergency situations, and time spent working after a shift to complete an assignment. Such time must be included in the compensable tour of duty even though the specific work performed may not have been assigned in advance.

(c) The tour of duty does not include time spent working for a separate and independent employer in certain types of special details as provided in § 553.227. The tour of duty does not include time spent working on an occasional or sporadic and part-time basis in a different capacity from the regular work as provided in § 553.30. The tour of duty does not include time spent substituting for other employees by mutual agreement as specified in § 553.31.

(d) The tour of duty does not include time spent in volunteer firefighting or law enforcement activities performed for a different jurisdiction, even where such activities take place under the terms of a mutual aid agreement in the jurisdiction in which the employee is employed. (See § 553.105.)

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1988–2021 · leading case: Isaac Lee, Cross-Appellees v. Coahoma Cnty., Mississippi, Cross-Appellants, 937 F.2d 220 (5th Cir. 1991).
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Isaac Lee, Cross-Appellees v. Coahoma Cnty., Mississippi, Cross-Appellants, 937 F.2d 220 (5th Cir. 1991). “” 29 C.F.R. § 553.220 . A work period “refers to any established and regularly recurring period of work which, under the terms of the [FLSA], cannot be less than 7 consecutive days nor more than 28 consecutive days.”
Robert W. Kohlheim, Cross-Appellees v. Glynn Cnty., Georgia, a Political Subdivision of the State of Georgia, Cross-Appellant, 915 F.2d 1473 (11th Cir. 1990). “29 C.F.R. § 553.220 (a) (1989). 13 . Id. 14 .”
Alvin S. Bodie v. The City of Columbia, South Carolina, Sec'y of Labor, Amicus Curiae, 934 F.2d 561 (4th Cir. 1991). “In providing this partial exemption for firefighters, Congress introduced the term “tour of duty,” which “is a unique concept applicable only to employees for whom the section 7(k) exemption is claimed,” and which “means the period of time during which an employee is considered…”
Int'l Ass'n of Firefighters, Local 349 v. City of Rome, 682 F. Supp. 522 (N.D. Ga. 1988). “29 C.F.R. § 553.220 (1987). Compensable hours of work generally include all of the time during which an employee is on duty on the employer’s premises or at a prescribed workplace, as well as all other time during which the employee is suffered or permitted to work for the…”
Renfro v. City of Emporia, 948 F.2d 1529 (10th Cir. 1991). “” 29 C.F.R. § 553.220 (b). The district court found the 24-hour on-call shifts were compensable hours under FLSA.”
Cranford v. City of Slidell, 25 F. Supp. 2d 727 (E.D. La. 1998). “29 C.F.R. § 553.220 (b) and (c). Thus, the FLSA’s floor on hours worked for overtime compensation of law enforcement officers is higher than Louisiana’s.”
Adams v. City of Kansas City, Missouri (W.D. Mo. 2021). “§ 207 (k)(1); see also 29 C.F.R. §§ 553.220 (a) (defining “tour of duty”), 553.”
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