|
<br />~553.221
<br />
<br />activity or which are closely related to
<br />the performance of the principal activ-
<br />ity, such as attending roll call, writing
<br />up and completing tickets or reports,
<br />and washing and re-racking fire hoses.
<br />(c) Time spent away from the em-
<br />ployer's premises under conditions
<br />that are so circumscribed that they re-
<br />strict the employee from effectively
<br />using the time for personal pursuits
<br />also constitutes compensable hours of
<br />work. For example, where a police sta-
<br />tion must be evacuated because of an
<br />electrical failure and the employees
<br />are expected to remain in the vicinity
<br />and return to work after the emergen-
<br />cy has passed, the entire time spent
<br />away from the premises is compensa-
<br />ble. The employees in this example
<br />cannot use the time for their personal
<br />pursuits.
<br />(d) An employee who is not required
<br />to remain on the employer'S pre,mises
<br />but is merely required to leave word at
<br />home or with company officials where
<br />he or she may be reached is not work-
<br />ing while on call. Time spent at home
<br />on call mayor may not be compensa-
<br />ble depending on whether the restric-
<br />tions placed on the employee preclude
<br />using the time for personal pursuits.
<br />Where, for example, a firefighter has
<br />returned home after the shift, with
<br />the understanding that he or she is ex-
<br />pected to return to work in the event
<br />of an emergency in the night, such
<br />time spent at home is normally not
<br />compensable. On the other hand,
<br />where the conditions placed on the
<br />employee'S activities are so restrictive
<br />that the employee cannot use the time
<br />effectively for personal pursuits, such
<br />time spent on call is compensable.
<br />(e) Normal hOffif to work travel is
<br />not compensable, even where the em-
<br />ployee is expected to report to work at
<br />a location away from the location of
<br />t.he'employer's premises.
<br />([) A police officer. who has complet-
<br />ed his or her tour of duty and who is
<br />given a patrol car to drive home and
<br />use on personal business, is not work-
<br />ing during the travel time even where
<br />the radio must be left on so that the
<br />officer can respond to emergency calls.
<br />Of course, the time spent in respond-
<br />ing to such calls is compensable.
<br />(g) The fact that employees cannot
<br />return home after work does not nec-
<br />essarily mean that they continue on
<br />duty after their shift. For example,
<br />firefighters working on a forest fire
<br />may be transported to a camp after
<br />their shift in order to rest and eat a
<br />meal. As a practical matter, the fire-
<br />fighters may be precluded from going
<br />to their homes because of the distance
<br />of the fire from their residences.
<br />
<br />[52 FR 2032. Jan. 16. 1987; 52 FR 2648. Jan.
<br />23. 1987]
<br />
<br />!l 553.222 Sl~p time.
<br />(a) Where a pUblic employer elects
<br />to pay overtime compensation to fire-
<br />fighters and/or law enforcement per-
<br />sonnel in accordance with section
<br />7(a)(l) of the Act, the public agency
<br />may exclude sleep time from hours
<br />
<br />worked if all the conditions In ~ 785.22
<br />of this title are met.
<br />(b) Where the employer has elected
<br />to use the section 7(k) exemption,
<br />sleep time cannot be excluded from
<br />the compensable hours of work where
<br />(1) The employee is on a tour of
<br />duty of less than 24 hours, which is
<br />the general rule applicable to all em-
<br />ployees under ~ 785.21, and
<br />(2) Where the employee is on a tour
<br />of duty of exactly 24 hours, which is a
<br />departure from the general rules In
<br />part 785.
<br />(c) Sleep time can be excluded from
<br />compensable hours of work, however,
<br />in the case of police officers or fire-
<br />fighters who are on a tour of duty of
<br />more than 24 hours, but only if there
<br />is an expressed or implied agreement
<br />between the employer and the em-
<br />ployees to exclude such time. In the
<br />absence of such an agreement, the
<br />sleep time is compensable. In no event
<br />shall the time excluded as sleep time
<br />exceed 8 hours in a 24-hour period. If
<br />the sleep time is interrupted by a call
<br />to duty, the interruption must be
<br />counted as hours worked. If the sleep
<br />period is interrupted to such an extent
<br />that the employee cannot get a rea-
<br />sonable night's sleep (which, for en-
<br />forcement purposes means at least 5
<br />hours), the entire time must be count-
<br />ed as hours of work.
<br />
<br />!l 553.223 MeRI time.
<br />
<br />(a) If a public agency elects to pay
<br />overtime compensation to firefighters
<br />and law enforcement personnel in ac-
<br />cordance with section 7(a)( 1) of the
<br />Act, the public agency may exclude
<br />meal time from hours worked if all the
<br />tests in ~ 785.19 of this title are met.
<br />(b) If a public agency elects to use
<br />the section 7(k) exemption, the public
<br />agency may, in the case of law en-
<br />forcement personnel, exclude meal
<br />time from hours worked on tours of
<br />duty of 24 hours or less, provided that
<br />the employee is completely relieved
<br />from duty during the meal period, and
<br />all the other tests in ~ 785.19 of this
<br />title are met. On the other hand,
<br />where law enforcement personnel are
<br />required to remain on call in barracks
<br />or similar Quarters, or are engaged in
<br />extended survelllance activities (e.g.,
<br />"stakeouts"), they are not considered
<br />to be completely relieved from duty,
<br />and any such meal periods would be
<br />compensable.
<br />(c) With respect to firefighters em-
<br />ployed under sectlon 7(k), who are
<br />confined to a duty station, the legisla-
<br />tlve history of the Act indicates Con-
<br />gressional Intent to mandate a depar-
<br />ture from the usual FLSA "hours of
<br />work" rules and adoption of an over-
<br />time standard keyed to the unique
<br />concept of "tour of duty" under which
<br />firefighters are employed. Where the
<br />public agency elects to use the section
<br />7(k) exemption for firefighters, meal
<br />time cannot be excluded from the
<br />compensable hours of work where (1)
<br />the firefighter is on a tour of duty of
<br />less than 24 hours, and (2) where the
<br />firefighter is on a tour of duty of ex-
<br />
<br />11
<br />
<br />actly 24 hours, which Is a departure
<br />from the general rules in ~ 785.22 of
<br />this title.
<br />(d) In the case of police officers or
<br />firefighters who are on a tour of duty
<br />of more than 24 hours, meal time may
<br />be excluded from compensable hours
<br />of work provided that the tests in
<br />H 785.19 and 785.22 of this title are
<br />met.
<br />
<br />!/553.224 "Work period" defined.
<br />
<br />(a) As used in section 7(k), the term
<br />"work period" refers to any estab-
<br />lished and regUlarly recurring period
<br />of work which, under the terms of the
<br />Act and legislative history, cannot be
<br />less than 7 consecutive days nor more
<br />than 28 consecutive days. Except for
<br />this limitation, the work period can be
<br />of any length, and it need not coincide
<br />with the duty cycle or pay period or
<br />with a particular day of the weet 0,
<br />hour of the day. Once the beginning
<br />and ending time of an employee'S
<br />work period is established, however. It
<br />remains fixed regardless of how many
<br />hours are worked within the period.
<br />The beginning and ending of the >\'ork
<br />period may be changed, provided that
<br />the change is Intended to be perma-
<br />nent and is not designed to evade the
<br />overtime compensation requirements
<br />of the Act.
<br />(b) An employer may have one work
<br />period applicable to all employees, or
<br />different work periods for different
<br />employees or groups of employees.
<br />
<br />!l 553.225 Early relief.
<br />
<br />It is a common practice among em-
<br />ployees engaged in fire protection ac-
<br />tivities to relieve employees on the
<br />previous shift prior to the scheduled
<br />starting time. Such early relief time
<br />may occur pursuant to employee
<br />agreement, either expressed or im-
<br />plied. This practice will not have the
<br />effect of increasing the number of
<br />compensable hours of work for em-
<br />ployees employed under section 7(k)
<br />where it is voluntary on the part of
<br />the employees and does not result,
<br />over a period of time, in their failure
<br />to receive proper compensation for all
<br />hours actually worked. On the other
<br />hand, if the practice is required by the
<br />employer, the time involved must be
<br />added to the employee'S tour of duty
<br />and treated as compensable hours of
<br />work.
<br />
<br />!/ 553.226 Training time.
<br />
<br />(a) The general rules for determin-
<br />ing the compensability of trainin~
<br />time under the FLSA are set forth in
<br />~ ~ 785.27 through 785.32 of this title.
<br />(b) While time spent in attending
<br />training required by an employer is
<br />normally considered compensable
<br />hours of work, following are situations
<br />I where time spent by employees of
<br />State and local governments in re-
<br />Quired training is considered to be
<br />noncompensable:
<br />(1) Attendance outside of regular
<br />working hours at specialized or follow-
<br />up training, which is required by law
<br />for certification of public and private
<br />
|