Understanding FLSA Requirements for Public Safety Employees

The FLSA overtime requirements for public safety employees are different from those of other employees, because a specified number of work hours is needed within the FLSA work period before the FLSA rate can be applied to overtime pay. Their work periods vary from seven to 28 days, depending on the work period. Some police officers and fire protection employees have 28-day work periods; some have 14-day work periods. These employees usually receive pay biweekly and have 28-day FLSA pay periods. They can report overtime hours throughout the FLSA period, but FLSA overtime regulations are not invoked until the employee works more than the maximum FLSA hours for the period. After the employee works the maximum FLSA hours for the period, you must pay all overtime over the maximum using the FLSA regular rate.

You must pay overtime to fire protection employees for hours that exceed 212 in a 28-day period. You must pay overtime to law enforcement employees for hours that exceed 171 in a 28-day period. If the work period is fewer than 28 days, the hours are prorated. This enables you to balance work hours over an entire FLSA work period.