[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: 29CFR553.200]

[Page 245-246]
 
                             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. 553.200  Statutory provisions: section 13(b)(20).

                           General Principles


    (a) Section 13(b)(20) of the FLSA provides a complete overtime pay 
exemption for ``any employee of a public agency who in any workweek is 
employed in fire protection activities or any employee of a public 
agency who in any workweek is employed in law enforcement activities 
(including security personnel in correctional institutions), if the 
public agency employs

[[Page 246]]

during the workweek less than 5 employees in fire protection or law 
enforcement activities, as the case may be.''
    (b) In determining whether a public agency qualifies for the section 
13(b)(20) exemption, the fire protection and law enforcement activities 
are considered separately. Thus, if a public agency employs less than 
five employees in fire protection activities, but five or more employees 
in law enforcement activities (including security personnel in a 
correctional institution), it may claim the exemption for the fire 
protection employees but not for the law enforcement employees. No 
distinction is made between full-time and part-time employees, or 
between employees on duty and employees on leave status, and all such 
categories must be counted in determining whether the exemption applies. 
Individuals who are not considered ``employees'' for purposes of the 
FLSA by virtue of section 3(e) of the Act (including persons who are 
``volunteers'' within the meaning of Sec. 553.101, and ``elected 
officials and their appointees'' within the meaning of Sec. 553.11) are 
not counted in determining whether the section 13(b)(20) exemption 
applies.
    (c) The section 13(b)(20) exemption applies on a workweek basis. It 
is therefore possible that employees may be subject to maximum hours 
standard in certain workweeks, but not in others. In those workweeks in 
which the section 13(b)(20) exemption does not apply, the public agency 
is entitled to utilize the section 7(k) exemption which is explained 
below in Sec. 553.201.

[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987]