(a) Some public agencies have employees (often called ``public
safety officers'') who engage in both fire protection and law
enforcement activities, depending on the agency needs at the time. This
dual assignment would not defeat either the section 13(b)(20) or 7(k)
exemption, provided that each of the activities performed meets the
appropriate tests set forth in Secs. 553.210 and 553.211. This is so
regardless of how the employee's time is divided between the two
activities. However, all time spent in nonexempt activities by public
safety officers within the work period, whether performed in connection
with fire protection or law enforcement functions, or with neither, must
be combined for purposes of the 20 percent limitation on nonexempt work
discussed in Sec. 553.212.
(b) As specified in Sec. 553.230, the maximum hours standards under
section 7(k) are different for employees engaged in fire protection and
for employees engaged in law enforcement. For those employees who
perform both fire protection and law enforcement activities, the
applicable standard is the one which applies to the activity in which
the employee spends the majority of work time during the work period.
