What is the “7(k) Exemption?
A. The FLSA generally requires overtime at time and one- half for all “hours worked” over 40 per week. There is, however, a special rule for police agencies and fire departments which allows a different “work period” in some circumstances. If the employer establishes analternative work period under section 7(k) of the FLSA, overtimeis owed (under the FLSA) only for hours worked in excess of a “threshold” number of hours per work period, which will be different from (and more than) the normal 40 hours per week. For example, a police employer may establish a “7(k) work period” of, say, 14 days. If the employer has complied with the requirements for establishing such an alternative work period, FLSA overtime is owed only for hours worked in excess of 86 hours in a 14 day work period. The special “7(k)” rules are complex, and a public sector employee’s entitlement to overtime may vary depending on the “work periods” established by the employer.
A. The FLSA generally requires overtime at time and one-half for all hours worked over 40 per week. There is, however, a special rule for government police agencies and fire departments which allows a different “work period” in some circumstances. If the employer establishes an alternative work period under section 7(k) of the FLSA, overtime is owed (under the FLSA) only for hours worked in excess of a threshold number of hours per work period, which will be different from (and more than) the normal 40 hours per week. For example, a police employer may establish a 7(k) work period of 14 days. If the employer has complied with the requirements for establishing such an alternative work period, FLSA overtime is owed only for hours worked in excess of 86 hours in a 14 day work period.
