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FLSA Overtime Calculator Advisor

Special Circumstances

State and Local Government Employees

Under certain prescribed conditions, employees of state and local government agencies may receive compensatory time off at a rate of not less than one and one-half hours for each overtime hour worked instead of cash payment for overtime.  Among other things, the regulations governing the use of compensatory time off (comp time) impose limitations on the accrual of comp time, conditions regarding the use of accumulated comp time, and requirements for “pay outs” of unused comp time.  

Police, fire fighters, emergency response personnel, and employees engaged in seasonal activities may accrue up to 480 hours of comp time.  Other public sector employees may accrue up to 240 hours.

Additional compliance assistance resources are available on the application of the FLSA to state and local government employment:

Fact Sheet #7: State and Local Government under the Fair Labor Standards Act

Fact Sheet #8: Police and Fire Fighters under the Fair Labor Standards Act

Regulations, 29 CFR 553, Application of the Fair Labor Standards Act to Employees of State and Local Governments

29 CFR 553.20 – 553.28, Regulations concerning compensatory time and compensatory time off