[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: 29CFR553.227]

[Page 253-254]
 
                             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. 553.227  Outside employment.

    (a) Section 7(p)(1) makes special provision for fire protection and 
law enforcement employees of public agencies who, at their own option, 
perform special duty work in fire protection, law enforcement or related 
activities for a separate and independent employer (public or private) 
during their off-duty hours. The hours of work for the separate and 
independent employer are not combined with the hours worked for the 
primary public agency employer for purposes of overtime compensation.
    (b) Section 7(p)(1) applies to such outside employment provided (1) 
The special detail work is performed solely at the employee's option, 
and (2) the two employers are in fact separate and independent.
    (c) Whether two employers are, in fact, separate and independent can 
only be determined on a case-by-case basis.
    (d) The primary employer may facilitate the employment or affect the 
conditions of employment of such employees. For example, a police 
department may maintain a roster of officers who wish to perform such 
work. The department may also select the officers for special details 
from a list of those wishing to participate, negotiate their pay, and 
retain a fee for administrative expenses. The department may require 
that the separate and independent employer pay the fee for such services 
directly to the department, and establish procedures for the officers to 
receive their pay for the special details through the agency's payroll 
system. Finally, the department may require that the officers observe 
their normal standards of conduct during such details and take 
disciplinary action against those who fail to do so.
    (e) Section 7(p)(1) applies to special details even where a State 
law or local

[[Page 254]]

ordinance requires that such work be performed and that only law 
enforcement or fire protection employees of a public agency in the same 
jurisdiction perform the work. For example, a city ordinance may require 
the presence of city police officers at a convention center during 
concerts or sports events. If the officers perform such work at their 
own option, the hours of work need not be combined with the hours of 
work for their primary employer in computing overtime compensation.
    (f) The principles in paragraphs (d) and (e) of this section with 
respect to special details of public agency fire protection and law 
enforcement employees under section 7(p)(1) are exceptions to the usual 
rules on joint employment set forth in part 791 of this title.
    (g) Where an employee is directed by the public agency to perform 
work for a second employer, section 7(p)(1) does not apply. Thus, 
assignments of police officers outside of their normal work hours to 
perform crowd control at a parade, where the assignments are not solely 
at the option of the officers, would not qualify as special details 
subject to this exception. This would be true even if the parade 
organizers reimburse the public agency for providing such services.
    (h) Section 7(p)(1) does not prevent a public agency from 
prohibiting or restricting outside employment by its employees.

                       Overtime Compensation Rules