[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: 29CFR553.220]

[Page 297]
 
                             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 C_Fire Protection and Law Enforcement Employees of Public 
                                Agencies
 
Sec. 553.220  ``Tour of duty'' defined.

    (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 Sec. 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 Sec. 553.30. The tour of 
duty does not include time spent substituting for other employees by 
mutual agreement as specified in Sec. 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 Sec. 553.105.)