[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: 29CFR553.212]

[Page 249]
 
                             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. 553.212  Twenty percent limitation on nonexempt work.

    (a) Employees engaged in fire protection or law enforcement 
activities as described in Sec. Sec. 553.210 and 553.211, may also 
engage in some nonexempt work which is not performed as an incident to 
or in conjunction with their fire protection or law enforcement 
activities. For example, firefighters who work for forest conservation 
agencies may, during slack times, plant trees and perform other 
conservation activities unrelated to their firefighting duties. The 
performance of such nonexempt work will not defeat either the section 
13(b)(20) or 7(k) exemptions unless it exceeds 20 percent of the total 
hours worked by that employee during the workweek or applicable work 
period. A person who spends more than 20 percent of his/her working time 
in nonexempt activities is not considered to be an employee engaged in 
fire protection or law enforcement activities for purposes of this part.
    (b) Public agency fire protection and law enforcement personnel may, 
at their own option, undertake employment for the same employer on an 
occasional or sporadic and part-time basis in a different capacity from 
their regular employment. (See Sec. 553.30.) The performance of such 
work does not affect the application of the section 13(b)(20) or 7(k) 
exemptions with respect to the regular employment. In addition, the 
hours of work in the different capacity need not be counted as hours 
worked for overtime purposes on the regular job, nor are such hours 
counted in determining the 20 percent tolerance for nonexempt work 
discussed in paragraph (a) of this section.