Public Safety Employees-7(k) Exemption

Reference Number: 

The FLSA contains a provision that allows the establishment of longer work periods of not less than seven days nor more than 28 days for public safety employees of state and local governments. This partial exemption from the overtime provisions of the FLSA is often referred to as the “7(k)” exemption, or the “tour of duty” rules.[1]

Public safety personnel employees are those employees engaged in fire protection or law enforcement activities. The term also may include rescue and ambulance service personnel if such personnel form an integral part of the public agency’s fire protection or law enforcement activities.  Since these special rules are limited to public agencies, they do not apply in cases in which public safety services are provided to a county under a contract with a private organization.

[1]  The regulations for this somewhat complicated procedure are found in 29 C.F.R. part 553, subpart C.