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r"~ PART 553- Application of the Fair Labor Standards Act to Employees of State and Local Governments Subpart A-General INTRODUCTION Sec. 553.1 Definitions. 553.2 Purpose and scope. 553.3 Coverage-general. SECTION 3(e)(2)(C)-ExCLUSIONS 553.10 General. 553.11 Exclusion for elected officials and their appointees. 553.12 Exclusion (or employees of legisla- tive branches. SECTION 7(o)-COMPENSATORY TIME AN:> COMPENSATORY TIME OFF 553.20 Introduction. 553.21 Statutory provisions. 553.22 "FLSA compensatory time" and "'FLsA compensatory time off". 553.23 Agreement or understanding prior to performance of work. 553.24 "Public safety", "emergency re- sponse", and "seasonal" activities. 553.25 Conditions for use of compensatory time ("reasonable period", "unduly dis- rupt">' 553.26 Cash overtime payments. 553.27 Payments for unused compensatory tIme. 553.28 Other compensatory time. OTHER EXEMPTIONS 553.30 Occasional or sporad1c employ. ment-section 7(p)(2). 553.31 SubstitutIon-section 7(p)(3). 553.32 Other FLSA exemptions. RECORDKEEPING 553.50 Records to be kept of compensatory time. 553.51 Records to be kept for employees paid pursuant to section 7(k). Subpart 8-Vo/unteers 553.100 General. 553.101 "Volunteer" defined. 553.102 Employment by the same pUblic agency. 553.103 "Same type of services" defined. 553.104 PrIvate individuals who volunteer services to pUblic agencies. 553.105 Mutual aid agreements. 553.106 Payment of expenses, benefits, or fees. Subpart C-Flre Protllldion and Law Enforcement Employeel of Public Agenciel GENERAL PRINCIPLES 553.200 Statutory provisions: section 13(b)(20). 553.201 Statutory provisions: section 7(k). 553.202 Limitations. EXEMPTlON REQUIREMENTS 553.210 Fire protection activities. 553.211 Law enforcement activities. 553.212 Twenty percent limitation on non- exempt work. 553.213 Public agency employees engaged In both fire protection and law enforce. ment activities. . 553.214 Trainees. 553.215 Ambulance and rescue service em- ployees. Sec. 553.216 Other exemptions. TOUR OF DUTY AND COMPENSABLE HOURS OF WORK RULES 553.220 "Tour of duty" defined. 553.221 Compensable hours of work. 553.222 Sleep time. 553.223 Meal time. 553.224 "Work period" defined. 553.225 Early relief. 553.226 Training time. 553.227 Outside employment. OVERTIME COMPENSATION RULES 553.230 Maximum hours standards for work periods of 7 to 28 daYs-section 7(k). 553.231 Compensatory time off. 553.232 Overtlme pay requirements. 553.233 "Regular rate" defined. AUTHORITY: Sees. 1-19 52 Stat. 1060, as amended (29 U.S.C. 201-219); Pub. L. 99-150. 99 Stat. 787 (29 U.S.C. 203. 207, 211>. SOURCE: 52 FR 2032. Jan. 16. 1987, unless otherwise noted. Subpart A-General INTRODUCTION ~ 553.1 Definitions. (a) Act or FLSA means Labor Standards Act of amended (52 Stat. 1060, as 29 U.S.C. 201-219). (b) 1985 Amendments means the Fair Labor Standards Amendments of 1985 (Pub. L. 99-150). (C) Public agency means a State, a political subdivision of a State or an Interstate governmental agency. (d) State means a State of the United States, the District of Colum- bia, Puerto Rico, the Virgin Islands, or any other Territory or possession of the United States (29 U.S.C. 203(c) and 213(f)). the Fall' 1938, as amended; II 553.2 Purpose and scope. (a) The 1985 Amendments to the Fair Labor Standards Act (FLSA) changed certain provisions of the Act as they apply to employees of State and local public agencies, The purpose of part 553 is to set forth the regula- tions to carry out the provisions of these Amendments, as well as other FLSA provisions preViously in exist- ence relating to such public agency employees. (b) The regulations In this part are divided Into three subparts. Subpart A interprets and applies the special FLSA provisions that are generally ap_ plicable to all covered and nonexempt employees of State and local govern- ments. Subpart A also contains provl. sions concerning certain individuals (i.e., elected officials, their appointees, and legislative branch employees) who are excluded from the definition of "employee" and thus from FLSA cov- erage. This subpart also interprets and applies sections 7(0), and 7(p)(2), 7(p)(3), and ll(c) of the Act regarding compensatory time off. occasional or sporadic part-time employment, and the performance of substitute work by pUblic agency employees. respectively. (c) Subpart B of this part deals with "volunteer" services performed by in- dividuals for public agencies. SUbpart C applies various FLSA provisions as they relate to fire protection and law enforcement employees of pUblic agen- cies. II 553.3 Coverage-general. (a)(1) In 1966, Congress amended the FLSA to extend coverage to State and local government employees en- gaged In the operation of hospitals, nursing homes, schools, and mass transit systems. (2) In 1972, the Education Amend- ments further extended coverage to employees of public preschools. (3) In 1974, the FLSA Amendments extended coverage to Virtually all of the remaining State and local govern- ment employees who were not covered as a result of the 1966 and 1972 legisla- tion. (b) Certain definitions already in the Act were modified by the 1974 Amend- ments. The definition of the term "employer" was changed to include public agencies and that of "employ- ee" was amended to include individ- uals employed by pUblic agencies. The definition of "enterprise" contained in section 3(1') of the Act was modified to provide that activities of a pUblic agency are performed for a "business purpose." The term "enterprise en- gaged in commerce or in the produc- tion of goods for commerce" defined In section 3(s) of the Act was expanded to Include public agencies. SECTION 3(e)(2)(C)-ExCLUSIONS 11553.10 General. Section 3(e)(2)(C) of the Act ex- cludes from the definition of "employ- ee", and thus from coverage, certain individuals employed by public agen- cies. This exclusion applies to elected public offidals, their Immediate advi- sors, and certain individuals whom they appoint or select to serve in vari- ous capacities. In addition, the 1985 Amendments exclude employees of legislative branches of State and local governments. A condition for exclu- sion is that the employee must not be subject to the civil service laws of the employing State or local agency. II 553.11 Exclusion for eJected officials and their appointees. (a) Section 3(e)(2)(C) provides an ex- clusion from the Act's coverage for of- ficials elected by the voters of their ju- risdictions. Also excluded under this prOvision are personal staff members