Home / 7(k) overtime
FLSA 7(k) overtime calculator
Public fire and police departments can pay overtime over a work period of 7 to 28 days instead of every week. Over 28 days, firefighters get overtime after 212 hours and police officers after 171 hours.
Overtime thresholds by work period
| Work period | Firefighters | Police |
|---|---|---|
| 28 days | 212 h | 171 h |
| 27 days | 204 h | 165 h |
| 24 days | 182 h | 147 h |
| 21 days | 159 h | 128 h |
| 14 days | 106 h | 86 h |
| 7 days | 53 h | 43 h |
Source: 29 CFR 553.230. Departments pick their work period; it must be set in advance and stay the same. On a 24/48 schedule firefighters work about 216 to 240 hours in 28 days, so most work periods include some overtime.
How the regular rate is worked out
Overtime is paid at one and a half times the regular rate. The regular rate is all pay for the period, including night and shift differentials and most bonuses, divided by the hours worked (29 CFR 778.109). The calculator pays straight time for every hour plus a half-time premium for the overtime hours, which gives the same result.
Union contracts and state laws often pay more, for example overtime after fewer hours. This calculator shows the federal minimum. See also the 24/48 calendar and Kelly schedule.
Is sleep time paid on a 24-hour shift?
| Your situation | Sleep time |
|---|---|
| Public fire or police department on 7(k), shift of exactly 24 hours | Paid: it cannot be taken out of hours worked (29 CFR 553.222(b)) |
| Public fire or police department on 7(k), shift of more than 24 hours (for example 48 hours) | Up to 8 hours in each 24 can be left unpaid, but only with an agreement between the department and its employees (553.222(c)) |
| Private employers, including private EMS, shift of 24 hours or more | Up to 8 hours can be left unpaid with an agreement, if the employer provides beds and you can usually sleep through (29 CFR 785.22) |
| Any shift under 24 hours | Paid, even if you are allowed to sleep (29 CFR 785.21) |
Calls that interrupt sleep are always paid. If they leave you less than 5 hours of sleep, the whole sleep period counts as hours worked (553.222(c) and 785.22(b)).
911 dispatchers and civilian staff
The 7(k) work period is for firefighters and sworn law enforcement. Civilian employees of a police department, such as dispatchers and radio operators, are not covered by it (29 CFR 553.211(g)), so they get overtime after 40 hours in the workweek like other workers. Use the shift pay calculator with the federal rule.
Questions
What is the 7(k) exemption?
Section 7(k) of the FLSA lets public employers pay fire and police employees overtime over a work period of 7 to 28 days, with a higher hour threshold, instead of after 40 hours every week.
How many hours before overtime for firefighters?
212 hours in a 28-day work period, or the same proportion for shorter periods: 106 hours in 14 days, 53 in 7 days.
Do shift differentials count toward overtime pay?
Yes. Differentials and most bonuses are part of the regular rate, so they raise the overtime rate.