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. § 553.231

Compensatory time off

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(a) Law enforcement and fire protection employees who are subject to the section 7(k) exemption may receive compensatory time off in lieu of overtime pay for hours worked in excess of the maximum for their work period as set forth in § 553.230. The rules for compensatory time off are set forth in §§ 553.20 through 553.28 of this part.

(b) Section 7(k) permits public agencies to balance the hours of work over an entire work period for law enforcement and fire protection employees. For example, if an employee engaged in fire protection activities' work period is 28 consecutive days, and he or she works 80 hours in each of the first two weeks, but only 52 hours in the third week, and does not work in the fourth week, no overtime compensation (in cash wages or compensatory time) would be required since the total hours worked do not exceed 212 for the work period. If the same employee in fire protection activities had a work period of only 14 days, overtime compensation or compensatory time off would be due for 54 hours (160 minus 106 hours) in the first 14 day work period.

[52 FR 2032, Jan. 16, 1987, as amended at 76 FR 18857, Apr. 5, 2011; 82 FR 2229, Jan. 9, 2017]
Notes of Decisions
Cited in 2 cases, 1991–2012 · leading case: City of Sacramento v. Pub. Employees Ret. Sys., 91 Cal. Daily Op. Serv. 3404 (Cal. Ct. App. 1991).
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City of Sacramento v. Pub. Employees Ret. Sys., 91 Cal. Daily Op. Serv. 3404 (Cal. Ct. App. 1991). “( 29 C.F.R. § 553.231 (b).) 8 Where the word “workweek” is used in part 778 of the regulations, the words “work period” should be substituted.”
Kipple v. Monroe Cnty., 847 F. Supp. 2d 471 (W.D.N.Y. 2012). “The airport firefighters are paid on an hourly basis, and receive overtime pay when their total working hours for a work period exceed the threshold limit set by the Department of Labor’s regulations at 29 C.F.R. § 553.231 . 2 Defendant maintains that the firefighters are…”
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