[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: 29CFR553.226]

[Page 300]
 
                             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. 553.226  Training time.

    (a) The general rules for determining the compensability of training 
time under the FLSA are set forth in Sec. Sec. 785.27 through 785.32 of 
this title.
    (b) While time spent in attending training required by an employer 
is normally considered compensable hours of work, following are 
situations where time spent by employees of State and local governments 
in required training is considered to be noncompensable:
    (1) Attendance outside of regular working hours at specialized or 
follow-up training, which is required by law for certification of public 
and private sector employees within a particular governmental 
jurisdiction (e.g., certification of public and private emergency rescue 
workers), does not constitute compensable hours of work for public 
employees within that jurisdiction and subordinate jurisdictions.
    (2) Attendance outside of regular working hours at specialized or 
follow-up training, which is required for certification of employees of 
a governmental jurisdiction by law of a higher level of government 
(e.g., where a State or county law imposes a training obligation on city 
employees), does not constitute compensable hours of work.
    (3) Time spent in the training described in paragraphs (b) (1) or 
(2) of this section is not compensable, even if all or part of the costs 
of the training is borne by the employer.
    (c) Police officers or firefighters, who are in attendance at a 
police or fire academy or other training facility, are not considered to 
be on duty during those times when they are not in class or at a 
training session, if they are free to use such time for personal 
pursuits. Such free time is not compensable.