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Coates' Canons UNC NC Local Government Law hUps:/Imnons.sog.unc.edu SCHOOL OF GOVERNMENT As noted soldier, an employer does not have to alter Its pay schedule to align with a 207(k) work period. For example: • Suppose the employing department has chosen a 28 -day work schedule and the employer pays its employees on a weekly basis. In that case, employees working under the 207(k) exemption receive their regular straight -time rate for all of the hours they have worked on each of the first three weekly pay periods on the 28 -day cycle. They receive their regular straight -lime compensation and any overtime due for that 28 -day pay period on the final weekly pay period of that cycle. • Suppose the employing department has chosen a 28 -day work schedule and the employer pays its employees on a hi -weekly basis. In that case, employees working under the 207(k) exemption receive their regular straight -time rate for all of the hours they have worked during the first two weeks on the first bi-weekly pay period of the 28 -day cycle. They receive their regular straight -time compensation for the second two weeks and any overtime due for that 28 -day pay period on the second bi-weekly pay period of that cycle. The 207(k) Exemption and Comp Time Employees scheduled in accordance with section 207(k) may be compensated for overtime hours worked with compensatory time off rather than with cash overtime pay, just like employees on a regular ane -week work period. For the regulation, sea here. Establishing the 207(k) Exemption Law enforcement agencies and fire departments do not have t0 obtain permission from either the U.S. Department of Labor or their employees to adopt a 28 -day work schedule and use the 207(k) exemption. The do, however, have to satisfy two requirements. First, the adoption of the schedule must be documented in the employer's payroll records, along with the length of the work period (that is, 28 -days, 14 -days, or whatever it is) and the starting date and time of each work period. Second, the payroll notation must state that the schedule has been adopted "pursuant to section 207(k) of the FLSA and 29 CFR Part 553' (see here for this requirement). Who Qualifies as a Law Enforcement Officer or Firefighter for 207(k) Purposes? Not every employee of a law enforcement agency or fire department may be compensated using the 207(k) exemption. The exemption is limited to sworn law enforcement officers and to those with the legal authority to fight fires. For the purposes of the 207(k) exemption, the FLSA regulations define law enforcement officers as: • uniformed or plainclothes members of a body of officers, • who have the statutory power to enforce the law, and • who have the power to arrest, and • who have participated in a special course of law enforcement training. The regulations provide that an unsworn jailer counts as a law enforcement officer for 207(k) purposes, but other civilian employees of the police or sheriffs department do not A firefighter is defined for 207(k) purposes as "an employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker," who— • is trained in fire suppression, and • has the legal authority and responsibility to engage in fire suppression, and • is employed by a fire department of a municipality, county, fire district, or State; and • is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk. No other employees of a fire department may be compensated using the 207(k) exemption. Copyright ®A09 b pnaenl Scha l of Government at Me uneemr, o1 NOM Gamlen. NI ngMc roamee. Attachment number 2 \n Page F-2 Page 34