[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: 29CFR553.223]

[Page 299]
 
                             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. 553.223  Meal time.

    (a) If a public agency elects to pay overtime compensation to 
firefighters and law enforcement personnel in accordance with section 
7(a)(1) of the Act, the public agency may exclude meal time from hours 
worked if all the tests in Sec. 785.19 of this title are met.
    (b) If a public agency elects to use the section 7(k) exemption, the 
public agency may, in the case of law enforcement personnel, exclude 
meal time from hours worked on tours of duty of 24 hours or less, 
provided that the employee is completely relieved from duty during the 
meal period, and all the other tests in Sec. 785.19 of this title are 
met. On the other hand, where law enforcement personnel are required to 
remain on call in barracks or similar quarters, or are engaged in 
extended surveillance activities (e.g., ``stakeouts''), they are not 
considered to be completely relieved from duty, and any such meal 
periods would be compensable.
    (c) With respect to firefighters employed under section 7(k), who 
are confined to a duty station, the legislative history of the Act 
indicates Congressional intent to mandate a departure from the usual 
FLSA ``hours of work'' rules and adoption of an overtime standard keyed 
to the unique concept of ``tour of duty'' under which firefighters are 
employed. Where the public agency elects to use the section 7(k) 
exemption for firefighters, meal time cannot be excluded from the 
compensable hours of work where (1) the firefighter is on a tour of duty 
of less than 24 hours, and (2) where the firefighter is on a tour of 
duty of exactly 24 hours, which is a departure from the general rules in 
Sec. 785.22 of this title.
    (d) In the case of police officers or firefighters who are on a tour 
of duty of more than 24 hours, meal time may be excluded from 
compensable hours of work provided that the tests in Sec. Sec. 785.19 
and 785.22 of this title are met.