Introduction to the Fair Labor Standards Act (FLSA)

B. P UBLIC S AFETY 7( K ) W ORK P ERIODS

1. I NTRODUCTION Because of the special scheduling problems inherent in police and fire departments, the FLSA authorizes longer work periods with higher thresholds, if elected by the public employer, for employees employed in law enforcement or fire protection activities. These work periods, known as 7(k) work periods, may be for periods of between 7 and 28 consecutive days. 102 The general requirements are:

 The employee must be employed in “fire protection activities” or “law enforcement activities” (as defined below);  The agency must affirmatively elect to apply the 7(k) partial overtime exemption; and

 The agency must be a public agency.

2. D EFINITION OF “F IRE P ROTECTION A CTIVITIES ”

To qualify for a 7(k), an employee involved in “fire protection activities” must meet the following requirements:

 Be employed by an organized fire department or fire protection district;

 Have been trained in fire suppression to the extent required by statute or local ordinance;

 Possess legal authority and responsibility to engage in fire suppression; and

 Respond to emergency situations where life, property, or the environment is at risk, or are engaged in the prevention, control, and extinguishment of fires. 103

In the Ninth Circuit, fire protection personnel eligible for the 7(k) work period must have a real obligation or duty to actually fight fires as part of their job. 104

All employees engaged in fire protection activities as defined above are eligible for 7(k) work periods, regardless of their status as trainee, probationary or permanent, and regardless of their job specialty or title. 105

Introduction to the Fair Labor Standards Act (FLSA) ©2020 (s) Liebert Cassidy Whitmore 24