When are police and fire employees exempt from the overtime requirements of the Act?
A special test exists for public safety employees. The FLSA provides a complete overtime exemption for any employee of a public agency who in any given week engages in law enforcement or fire protection if the agency employs fewer than five employees during the work week in law enforcement or fire-fighting activities. For purposes of this exemption, the number of law enforcement and fire protection employees are considered separately. For example, if a city employs fewer than five employees in fire protection activities but more than five employees in law enforcement activities, it may claim an exemption for the fire protection employees butnot for the law enforcement employees. Part-time employees are counted in determining the number of public safety employees, but true volunteers are not. (It is important to remember that an exemption from the overtime requirements of the federal FLSA does not mean such police officers and fire fighters are exempt from state overtime laws). When is
