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<br />~553.212(b )
<br />
<br />tolerance for nonexempt work dis-
<br />cussed in paragraph (a) of this section.
<br />
<br />/? 553.213 Public agency employees en-
<br />gaged in both fire protection and law
<br />enforcement activities. '
<br />
<br />(a) Some public agencies have em-
<br />ployees (often called "public safety of-
<br />ficers") who engage in both fire pro-
<br />tection and law enforcement activities,
<br />depending on the agency needs at the
<br />time. This dual assignment would not
<br />defeat either the section 13(b)(20) or
<br />7(k) exemption, provided that each of
<br />the activities performed meets the ap-
<br />propriate tests set forth in H 553.210
<br />and 553.211. This is so regardless of
<br />how the employee's time is divided be-
<br />tween the two activities. However, all
<br />time spent in nonexempt activities by
<br />public safety officers within the work
<br />period, whether performed in connec-
<br />tion with fire protection or law en-
<br />forcement functions, or with neither,
<br />must be combined for purposes of the
<br />20 percent limitation on nonexempt
<br />work discussed in ~ 553.212.
<br />(b) As specified in ~ 553.230, the
<br />maximum hours standards under sec-
<br />tion 7(k) are different for employees
<br />engaged in fire protection and for em-
<br />ployees engaged in law enforcement.
<br />For those employees who perform
<br />both fire protection and law enforce-
<br />ment activities, the applicable stand-
<br />ard is the one which applies to the ac-
<br />tivity in which the employee spends
<br />the majority of work time during the
<br />work period.
<br />
<br />11553.214 Trainees.
<br />
<br />The attendance at a bona fide fire or
<br />police academy or other training facili-
<br />ty, when required by the employing
<br />agency, constitutes engagement in ac-
<br />tivities under section 7(k) only when
<br />the employee meets all the applicable
<br />tests described in ~ 553.210 or A 553.211
<br />(except for the power of arrest for law
<br />enforcement personnel), as the case
<br />may be. If the applicable tests are met,
<br />then basic training or advanced train-
<br />ing is considered incidental to, and
<br />part of, the employee's fire protection
<br />or law enforcement activities.
<br />
<br />11553.215 Amhulance and rescue service
<br />employees.
<br />
<br />(a) Ambulance and rescue service
<br />employees of a pUblic agency other
<br />than a f,ire protection or law enforce-
<br />ment agency may be treated as em-
<br />ployees engaged in fire protection or
<br />law enforcement activities of the type
<br />contemplated by sections 7(k) and
<br />13(b)(20) if their services are substan-
<br />tially related to firefighting or law en-
<br />forcement activities in that (1) the am-
<br />bulance and rescue service employees
<br />have received training in the rescue of
<br />fire, crime, and accident victims or
<br />firefighters or law enforcement per-
<br />sonnel injured in the performance of
<br />their respective, duties, and (2) the
<br />ambulance and rescue service employ-
<br />ees are regularly dispatched to fires,
<br />crime scenes, riots, natural disasters
<br />and accidents. As provided in
<br />~ 553.213(b), where employees perform
<br />
<br />both fire protection and law enforce-
<br />ment activities, the applicable stand-
<br />ard is the one which applies to the ac-
<br />tivity in which the employee spends
<br />the majority of work time during the
<br />work period.
<br />(b) Ambulance and rescue service
<br />employees of public agencies subject
<br />to the Act prior to the 1974 Amend-
<br />ments do not come within the section
<br />7(k) or section 13(b)(20) exemptions,
<br />since it was not the purpose of those
<br />Amendments to deny the Act's protec-
<br />tion of previously covered and nonex-
<br />empt employees. This would include,
<br />for example, employees of pUblic agen-
<br />cies engaged in the operation of a hos-
<br />pital or an institution primarily en-
<br />gaged in the care of the sick. the aged.
<br />the mentally ill or defective who
<br />reside on the premises of such institu-
<br />tions.
<br /><c) Ambulance and rescue service
<br />employees of private organizations do
<br />not come within the section 7(k) or
<br />section 13(b)(20) exemptions even if
<br />their activities are subste.ntially relat.
<br />ed to the fire protection and law en-
<br />forcement activities performed by a
<br />public agency or their employer Is
<br />under contract with a public agency to
<br />provide such services.
<br />
<br />g 553.216 Other exemptions.
<br />
<br />Although the 1974 Amendments to
<br />the Fl.SA provided special exemptions
<br />for employees of public agencies en-
<br />gaged in fire protection and law en-
<br />forcement activities, such workers may
<br />also be subject to other exemptions In
<br />the Act, and public agencies may claim
<br />such other appllcable exemptions in
<br />lieu of sections 13<b)<20) and 7<k). For
<br />example, section 13(a)(1) provides a
<br />complete mlnlmum wage and overtime
<br />pay exemption for any employee em-
<br />ployed in a bonl;\. fide executive, ad-
<br />ministrative, or professional capacity.
<br />as those terms are defined and delimit-
<br />ed In 29 CFR part 541. The section
<br />13(a)(1) exemption c8.I'\ be claimed for
<br />any fire protection or law enforcement
<br />employee who meets all of the tests
<br />specified In part 541 relating to duties,
<br />responsibilities, and salary. Thus, high
<br />ranking police officials who are en-
<br />gaged in law enforcement activities,
<br />may also, depending on the facts, Qual-
<br />Ify for the section 13<a)(1) exemption
<br />as "executive" employees. Similarly,
<br />certain criminal Investigative agents
<br />may Qualify as "administrative" em-
<br />ployees under section 13(a)(l). Howev-
<br />er, the election to take the section
<br />13(a)(1) exemption for an employee
<br />who qualifies for It will not result in
<br />excluding that employee from the
<br />count that must be made to determine
<br />the application of the section 13(b)(20)
<br />exemption to the agency's other em-
<br />ployees.
<br />
<br />TOUR OF DUTY AND COMPENSABLE
<br />HOURS OF WORK RULES
<br />
<br />@553.220 "Tour of duty" defined.
<br />
<br />(a) The term "tour of duty" Is a
<br />unique concept appllcable only to em-
<br />
<br />10
<br />
<br />ployees for whom the section 7(k) ex-
<br />emption Is claimed. This term, ;;5 u:;,:;d
<br />in section 7(k). means the p'C;j()d of
<br />time during which an employee is con-
<br />sidered to be on duty for pur;:csps of
<br />determining compensable hOCH:,. It
<br />may be a scheduled or un.<;chedu:ed
<br />period. Such periods include "Silifts"
<br />assigned to employees often days 1::1
<br />advance of the performance of tl:3
<br />work. Scheduled periods also include
<br />time spent in work outside the "shift"
<br />which the pubUc agency employer a.s-
<br />signs. For example. a police offl~er
<br />may be assigned to crowd cont!'ol
<br />during a parade or other speCial eve:1t
<br />outside of his or her shift.
<br /><b) Unscheduled periods i:~'..:J1Jde
<br />time spent in court by police officers,
<br />time spent handling emergency :;it',.,2.-
<br />tlons, and time spent working l1~ter a
<br />shift to complete an assignment. Such
<br />time must be included in the compen-
<br />sable tour of duty even though the
<br />specific work performed may not have
<br />been assigned in advance.
<br />(c) The tour of duty does not include
<br />time spent w,orking for a separate p.nd
<br />independent employer in certain typ'.;s
<br />of special details as provided in
<br />~ 553.227. The tour of duty does not
<br />include time spent worklng on an OCC8.-
<br />slonal or sporadic and part-time basis
<br />in a different capacity from the regu-
<br />lar work as provided in ~ 553.30. The
<br />tour of duty does not include time
<br />spent substituting for other employees
<br />by mutual agreement as specified In
<br />~ 553.31.
<br />(d) The tour of duty does not in-
<br />clude time spent in volunteer fire fight-
<br />ing or law enforcement activities per.
<br />formed for a different jurisdiction,
<br />even where such activities take plRce
<br />under the terms of a mutual aid agree-
<br />ment in the jurisdiction in which the
<br />employee is employed. (See ~ 553.105.)
<br />
<br />@ 553.221 Compensable hours of work.
<br />
<br />(a) The general rules on compensa-
<br />ble hours of work are set forth In 29
<br />CFR part 785 which Is appllcable to
<br />employees for whom the section 7(k)
<br />exemption is claimed. Special rules for
<br />sleep time (~553.222) apply to both
<br />law enforcement and flrefighting em-
<br />ployees for whom the section 7(k) ex-
<br />emption is claimed. Also, special rules
<br />for meal time apply in the case of fire-
<br />fighters (~ 553.223). Part 785 does not
<br />discuss the special provisions that
<br />apply to State and local government
<br />workers with respect to the treatment
<br />of sllbstitution, special details for a
<br />separate and independent employer,
<br />early relief, and work performed on an
<br />occasional or sporadic and part-time
<br />basis, all of which are covered in this
<br />subpart.
<br />(b) Compensable hours of work gen-
<br />erally include all of the time during
<br />which an employee is on duty on the
<br />employer's premises or at a prescribed
<br />workplace, as well as all other time
<br />during which the employee is suffered
<br />or permitted to work for the employer.
<br />Such time includes all pre-shift and
<br />post-shift activities which are an inte-
<br />gral part of the employee's principal
<br />
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