Sleep Rule for Firefighters and Police
Special Sleep Time Rule for Firefighters and Police
Section 7(k) of the FLSA provides a partial overtime exemption for fire protection and law enforcement personnel employed by public agencies. These employees may be scheduled for longer work periods than the standard 40-hour workweek. For example, overtime compensation for firefighters is not required until they work more than 53 hours in a 7-day work period (or the proportional equivalent in a longer work period), and for law enforcement personnel, overtime is due only after 43 hours in a 7-day work period.
Under 29 C.F.R. § 553.222(c), if a firefighter or police officer works a shift that is exactly 24 hours, the employer may not deduct any sleep time from hours worked—even if the employee is provided with adequate sleeping facilities and usually receives uninterrupted sleep. This rule differs from the general FLSA rule that allows sleep time deductions for employees who work shifts of 24 hours or more, subject to specific conditions.
For shifts longer than 24 hours, public employers may deduct up to 8 hours of bona fide sleep time if the employee is provided adequate facilities, is usually able to get 5 or more hours of sleep, and there is a clear agreement to exclude sleep time from hours worked.
The information provided above is for general informational purposes only and does not constitute legal advice. The Fair Labor Standards Act and related employment laws can be complex, and how they apply may vary based on the specific facts of your situation. If you believe your workplace rights have been violated, you should consult with an experienced employment attorney to obtain advice tailored to your individual circumstances.
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