U.S. Department of Labor
FLSA Overtime Calculator Advisor
Special Circumstances
Police and Fire Fighters
Public agency employees, including fire fighter and law enforcement personnel, may be subject to special rules allowing the receipt of compensatory time off (comp time) instead of cash pay for overtime hours worked.
In addition, a partial exemption from the overtime pay requirements may apply to fire protection and law enforcement personnel employed by public agencies. Instead of receiving overtime pay for hours worked over 40 in a workweek, these employees may have their overtime pay (or comp time) calculated after working a prescribed number of hours in a work period. The work period can range from 7 to 28 days and requires that overtime be paid (or comp time provided) after a set number of hours have been worked within the defined period.
This Advisor calculates overtime pay based on a 40 hour workweek, rather than on a 7 to 28-day work period. For questions related to overtime paid on a work period basis, please contact your local Wage and Hour Division office.
Additional compliance assistance resources are available on the employment of fire protection and law enforcement personnel:
Fact Sheet #8: Police and Fire Fighters under the Fair Labor Standards Act.
