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~553.226(b)(1 ) sector employees within a particular governmental jurisdiction (e.g., certifi- cation of public and private emergency rescue workers), does not constitute compensable hours Of work for public employees within that jurisdiction and subordinate jurisdictions. (2) Attendance outside of regular working hours at specialized or follow- up training, which is required for cer- tification of employees of a govern- mental jurisdiction by law of a higher level of government (e.g., where a State or county law imposes a training obligation on city employees), does not constitute compensable hours of work. (3) Time spent in the training de- scribed in paragraphs (b) (1) or (2) of this section is not compensable, even if all or part of the costs of the training Is borne by the employer. (c) Police officers or firefighters, who are in attendance at a police or fire academy or other training facility, are not considered to be on duty during those times when they are not in class or at a training session. if they are free to use such time for personal pursuits. Such free time is not com- pensable. !? 553.227 Outside employment. (a) Section 7(p)(l) makes special pro- vision for fire protection and law en- forcement employees of public agen- cies who, at their own option, perform special duty work in fire protection, law enforcement or related activities for a separate and independent em- ployer (public or private) during their off-duty hours. The hours of work for the separate and independent employ- er are not combined with the hours worked for the primary public agency employer for purposes of overtime compensation. (b) Section 7(p)(1) applies to such outside employment provided (1) The special detail work is performed solely at the employee's option, and (2) the two employers are in fact separate and independent. (c) Whether two emp1t'yers are, in fact, separate and independent can only be determined on a case-by-case basis. (d) The primary employer may fa- cilitate the employment or affect the conditions of employment of such em- ployees. For example, a police depart- ment may maintain a roster of officers who wish to perform such work. The department may also select the offi- cers for special details from a list of those wishing to participate, negotiate their pay, and retain a fee for adminis- trative expenses. The department may require that the separate and inde- pendent employer pay the fee for such services directly to the department, and establish procedures for the offi- cers to receive their pay for the special details through the agency's payroll system. Finally. the department may require that the officers observe their normal standards of conduct during such details and take disciplinary action against those who fail to do so. (e) Section 7(p)(1) applies to special aetails even where a State law or local ordinance requires that such work be performed and that only law enforce- ment or fire protection employees of a public agency in the same jurisdiction perform the work. For example. a city ordinance may require the presence of city police officers at a convention center during concerts or sports events. If the officers perform such work at their own option. the hours of work need not be combined with the hours of work for their primary em- ployer in computing overtime compen- sation. (!) The principles in paragraphs (d) and (e) of this secUon with respect to special details of public agency fire protection and law enforcement em- ployees under section 7(p)(l) are ex- ceptions to the usual rules on joint employment set forth In part 791 of this title. (g) Where an employee is directed by the public agency to perform work for a second employer. section 7(p)( 1) does not apply. Thus, assignments of police officers outside of their normal work hours to perform crowd control at a parade, where the assignments are not solely at the option of the offi- cers. would not qualify as special de- tails subject to this exception. This would be true ev~n if the parade orga- nizers reimburse the public agency for providing such services. (h) Section 7(p)(1) does not prevent a public agency from prohibiting or reo stricting outside employment by its employees. OVERTIME COMPENSATION RULES II 553.230 Maximum hours standards for work periods of 7 to 28 days-section 7(k). (a) For those employees engaged in fire protection activities who have a work period of at least 7 but less th::.n 28 consecutive days, no overtime com- pensation is required under section 7(k) until the number of hours worked exceeds the number of hours which bears the same relationship to 212 as the number of days in the work period bears to 28. (b) For those employees engaged in law enforcement activities <Including security personnel in correctional in- stitutions) who have a work period of at least 7 but less than 28 consecutive days, no overtime compensation is re- quired under section 7(k) until the number of hours worked exceeds the number of hours which bears the same relationship to 171 as the number of days in the work periOd bears to 28. (c) The ratio of 212 hours to 28 days for employees engaged In fire protec- tion activities is 7.57 hours per day (rounded) and the ratio of 171 hours to 28 days for employees engaged in law enforcement activities is 6.11 hours per day (rounded), Accordingly. overtime compensation (in premium payor compensatory time) is required for all hours worked in excess of the following maximum hours standards (rounded to the nearest whole hour): 12 Maximum hours s\Z.ncar-~'S Wor\< period (days) Fire I protection , L!!V'I en~or:~"" rT'I4:tnt 2B..................................................... 27..................................................... 26..................................................... 25..................................................... 24..................................................... 23..................................................... 22..................................................... 21.. ................................................. 20..................................................... 19..................................................... lB..................................................... 17..................................................... 16.................. . 15............... .................................... 14..................................................... 13..................................................... 12..................................................... ".............. ..................................... 10..................................................... 9....................................................... 8.................. 7................ ........................ 212 ), ' 204 1?:-.,) 197 ISg 189 E3 182 ." lH! .., 1671 134 159 I 12B 151 122 144 i 11'3 1361 110 129 104 121 i 83 114 : 92 1;)6 i 3B ~ I ~~ B3 , 67 76! 61 661 55 61 I 49 53 43 1_.___ 1l553.231 Compensatory time off. (a) Law enforcement and fire pf:)tec- tlon employees who are SUbject to the section 7(k) exemption may receive compensatory time off in lieu of o'/pr. time pay for hours worked in excl's:; 0: the maximum for their work perle,j l:S set forth in ~ 653.230. The rules fer compensatory time off are set forth in ~ ~ 553.20 through 553.28 of this part. (b) Section 7(k) permits public 8.~l'n- cles to balance the hours of work over an entire work period for law enforce- ment and fire protection employees. For example, if a firefighter's work period is 28 consecutive days, and he or she works 80 hours in each of the first two weeks. but only 52 hours In the third week, and does not work in the fourth week. no overtime compen- sation (in cash wages or compensatory time) would be required since the total hours worked do not exceed 212 for the work period. If the same firefight- er had a work period of only 14 days, overtime compensation or compensa- tory time off would be due for 54 hours (160 minus 106 hours) in the first 14 day work period. II 553.232 Overtime pay requiremcnt~. If a pubUc agency pays employees subject to sectlon 7(k) for overtime hours worked in cash wage" rather than compensatory time off, such wages must be paid at one and one- half times the employees' regUlar rates of pay. In addition, employees who have accrued the maximum 480 hours of compensatory time must be paid cash wages of time and one-half their regular rates of pay for overtime hours in excess of the maximum for the work period set forth in ~ 553.230. II 553.233 "Regular rate" defined. The rules for computing an employ- ee's "regular rate", for purposes of the Act's overtime pay requirements, are set forth in part 778 of this title. These rules are applicable to employ- ees for whom the section 7(k) exemp- tion is claimed when overtime com per:.- sation is provided in cash wages. How- ever, wherever the word "workweek" is used in part 778, the words "work period" should be substituted.