[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR553.102]

[Page 243-244]
 
                             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 B_Volunteers
 
Sec. 553.102  Employment by the same public agency.

    (a) Section 3(e)(4)(A)(ii) of the FLSA does not permit an individual 
to perform hours of volunteer service for a public agency when such 
hours involve the same type of services which the individual is employed 
to perform for the same public agency.
    (b) Whether two agencies of the same State or local government 
constitute the same public agency can only be determined on a case-by-
case basis. One factor that would support a conclusion that two agencies 
are separate is whether they are treated separately for statistical 
purposes in the Census of

[[Page 244]]

Governments issued by the Bureau of the Census, U.S. Department of 
Commerce.