Law enforcement officers often work long hours, juggling overtime shifts and off-duty jobs. Understanding how overtime pay works under the Fair Labor Standards Act (FLSA) is essential for them to ensure fair compensation and compliance with labor laws.

This overview aims to clarify the FLSA guidelines, specifically as they relate to law enforcement personnel, and will focus on overtime pay calculations, exemptions, and off-duty work considerations.

PLEASE NOTE: Enforcement of FLSA guidelines can often vary by state, county, and agency. Be sure to familiarize yourself with your local mandates to ensure satisfcatory compliance.

What Is the FLSA?

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, record-keeping, and child labor standards for most employees in the United States.

For law enforcement officers, the FLSA includes special provisions due to their unique work schedules and responsibilities. These provisions are designed to account for extended hours, irregular shifts, and off-duty obligations that are common in police work.*

Overtime Pay Basics

Under the FLSA, most employees are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for hours worked beyond 40 in a seven-day workweek. However, law enforcement officers have different thresholds based on their defined "work periods." These can range from 7 to 28 days.

For example:

7-day work period: Overtime kicks in after 43 hours.
14-day work period: Overtime applies after 86 hours.
28-day work period: Officers must work more than 171 hours to qualify for overtime.

These thresholds reflect the demanding nature of police work and allow employers to structure schedules more flexibly.**

Section 7(k) Exemption

The Section 7(k) exemption under the FLSA is specifically tailored for law enforcement and fire protection personnel. This exemption allows employers to calculate overtime over extended periods rather than on a standard weekly basis.

For instance, an officer working a 28-day schedule will earn overtime only after exceeding 171 hours. This exemption applies exclusively to sworn officers with arrest powers and does not extend to non-sworn personnel like dispatchers or clerks.***

Compensatory Time (“Comp Time”)

Instead of cash payments for overtime, some departments offer compensatory time off (comp time). Under the FLSA, comp time must be accrued at a rate of 1.5 hours for every hour of overtime worked. Officers can bank up to 480 hours of comp time, but employers may require them to use accrued time or buy it out in cash.

While comp time provides flexibility, officers must understand their department’s policies and ensure proper tracking of hours worked.

Off-Duty Details

Many officers take on off-duty jobs—such as security details—to supplement their income. These activities often contribute significantly to overtime calculations but can also lead to complications:

Court Appearances: Time spent in court outside regular shifts is typically compensable under the FLSA.
Late Arrests and Reports: Completing paperwork or processing arrests after a shift may qualify as "off-the-clock" work that must be compensated.
Training Sessions: Hours spent in mandatory training outside scheduled shifts count toward total hours worked.

Departments must ensure all activities are properly recorded to comply with FLSA regulations.

Common Issues in Overtime Pay

Several challenges can arise when calculating overtime pay for police officers:

Misclassification: High-ranking officials (e.g., lieutenants or captains) may be classified as exempt under FLSA if they meet specific salary and duties criteria. However, most rank-and-file officers are non-exempt and eligible for overtime.
Improper Calculations: Employers sometimes fail to include wage augments like shift differentials or longevity pay when calculating overtime rates.
Unrecorded Hours: Activities such as equipment maintenance or responding to calls during meal breaks may go unreported, leading to disputes over unpaid overtime.

Health Impacts of Excessive Overtime

While overtime provides financial benefits, excessive hours can take a toll on physical and mental health. Studies show that prolonged shifts and off-duty jobs contribute to stress, fatigue, and burnout among police officers.

Departments should make an effort to prioritize scheduling practices that balance workload with well-being.

The PowerDetails platform is designed to help agencies maintain compliance with FLSA among other policies. By leveraging our various management tools, our users can reduce administrative time spent on overtime and off-duty management, which allows them to focus on core duties.

With over 750,000 jobs coordinated and more than $600 million in off-duty and overtime processed, PowerDetails is the trusted partner for those seeking to optimize their management processes.

If you have any questions or would like to schedule a brief demonstration please contact team@powerdetails.com

*FLSA implications of police shift schedule

**Calculating Overtime for Public Safety Employees

***How does the FLSA’s 207(k) exemption for law enforcement and firefighters work?