[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: 29CFR553.215]

[Page 249-250]
 
                             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. 553.215  Ambulance and rescue service employees.

    (a) Ambulance and rescue service employees of a public agency other 
than a fire protection or law enforcement agency may be treated as 
employees engaged in fire protection or law enforcement activities of 
the type contemplated by sections 7(k) and 13(b)(20) if their services 
are substantially related to firefighting or law enforcement activities 
in that (1) the ambulance and rescue service employees have received 
training in the rescue of

[[Page 250]]

fire, crime, and accident victims or firefighters or law enforcement 
personnel injured in the performance of their respective, duties, and 
(2) the ambulance and rescue service employees are regularly dispatched 
to fires, crime scenes, riots, natural disasters and accidents. As 
provided in Sec. 553.213(b), where employees 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.
    (b) Ambulance and rescue service employees of public agencies 
subject to the Act prior to the 1974 Amendments do not come within the 
section 7(k) or section 13(b)(20) exemptions, since it was not the 
purpose of those Amendments to deny the Act's protection of previously 
covered and nonexempt employees. This would include, for example, 
employees of public agencies engaged in the operation of a hospital or 
an institution primarily engaged in the care of the sick, the aged, the 
mentally ill or defective who reside on the premises of such 
institutions.
    (c) Ambulance and rescue service employees of private organizations 
do not come within the section 7(k) or section 13(b)(20) exemptions even 
if their activities are substantially related to the fire protection and 
law enforcement activities performed by a public agency or their 
employer is under contract with a public agency to provide such 
services.