[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: 29CFR553.213]

[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. 553.213  Public agency employees engaged in both fire protection 
and law enforcement activities.

    (a) Some public agencies have employees (often called ``public 
safety officers'') who engage in both fire protection and law 
enforcement activities, depending on the agency needs at the time. This 
dual assignment would not defeat either the section 13(b)(20) or 7(k) 
exemption, provided that each of the activities performed meets the 
appropriate tests set forth in Sec. Sec. 553.210 and 553.211. This is 
so regardless of how the employee's time is divided between the two 
activities. However, all time spent in nonexempt activities by public 
safety officers within the work period, whether performed in connection 
with fire protection or law enforcement functions, or with neither, must 
be combined for purposes of the 20 percent limitation on nonexempt work 
discussed in Sec. 553.212.
    (b) As specified in Sec. 553.230, the maximum hours standards under 
section 7(k) are different for employees engaged in fire protection and 
for employees engaged in law enforcement. For those employees who 
perform both fire protection and law enforcement activities, the 
applicable standard is the one which applies to the activity in which 
the employee spends the majority of work time during the work period.