[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR553.22]

[Page 281-282]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 553_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF 
STATE AND LOCAL GOVERNMENTS--Table of Contents
 
                            Subpart A_General
 
Sec. 553.22  ``FLSA compensatory time'' and ``FLSA compensatory time off''.

    (a) Compensatory time and compensatory time off are interchangeable 
terms under the FLSA. Compensatory time off is paid time off the job 
which is earned and accrued by an employee in lieu of immediate cash 
payment for employment in excess of the statutory hours for which 
overtime compensation is required by section 7 of the FLSA.
    (b) The Act requires that compensatory time under section 7(o) be

[[Page 282]]

earned at a rate not less than one and one-half hours for each hour of 
employment for which overtime compensation is required by section 7 of 
the FLSA. Thus, the 480-hour limit on accrued compensatory time 
represents not more than 320 hours of actual overtime worked, and the 
240-hour limit represents not more than 160 hours of actual overtime 
worked.
    (c) The 480- and 240-hour limits on accrued compensatory time only 
apply to overtime hours worked after April 15, 1986. Compensatory time 
which an employee has accrued prior to April 15, 1986, is not subject to 
the overtime requirements of the FLSA and need not be aggregated with 
compensatory time accrued after that date.