[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: 29CFR553.28]

[Page 286]
 
                             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. 553.28  Other compensatory time.

    (a) Compensatory time which is earned and accrued by an employee for 
employment in excess of a nonstatutory (that is, non-FLSA) requirement 
is considered ``other'' compensatory time. The term ``other'' 
compensatory time off means hours during which an employee is not 
working and which are not counted as hours worked during the period when 
used. For example, a collective bargaining agreement may provide that 
compensatory time be granted to employees for hours worked in excess of 
8 in a day, or for working on a scheduled day off in a nonovertime 
workweek. The FLSA does not require compensatory time to be granted in 
such situations.
    (b) Compensatory time which is earned and accrued by an employee 
working hours which are ``overtime'' hours under State or local law, 
ordinance, or other provisions, but which are not overtime hours under 
section 7 of the FLSA is also considered ``other'' compensatory time. 
For example, a local law or ordinance may provide that compensatory time 
be granted to employees for hours worked in excess of 35 in a workweek. 
Under section 7(a) of the FLSA, only hours worked in excess of 40 in a 
workweek are overtime hours which must be compensated at one and one-
half times the regular rate of pay.
    (c) Similarly, compensatory time earned or accrued by an employee 
for employment in excess of a standard established by the personnel 
policy or practice of an employer, or by custom, which does not result 
from the FLSA provision, is another example of ``other'' compensatory 
time.
    (d) The FLSA does not require that the rate at which ``other'' 
compensatory time is earned has to be at a rate of one and one-half 
hours for each hour of employment. The rate at which ``other'' 
compensatory time is earned may be some lesser or greater multiple of 
the rate or the straight-time rate itself.
    (e) The requirements of section 7(o) of the FLSA, including the 
limitations on accrued compensatory time, do not apply to ``other'' 
compensatory time as described above.

                            Other Exemptions