(a) If a public agency elects to pay overtime compensation to
firefighters and law enforcement personnel in accordance with section
7(a)(1) of the Act, the public agency may exclude meal time from hours
worked if all the tests in Sec. 785.19 of this title are met.
(b) If a public agency elects to use the section 7(k) exemption, the
public agency may, in the case of law enforcement personnel, exclude
meal time from hours worked on tours of duty of 24 hours or less,
provided that the employee is completely relieved from duty during the
meal period, and all the other tests in Sec. 785.19 of this title are
met. On the other hand, where law enforcement personnel are required to
remain on call in barracks or similar quarters, or are engaged in
extended surveillance activities (e.g., ``stakeouts''), they are not
considered to be completely relieved from duty, and any such meal
periods would be compensable.
(c) With respect to firefighters employed under section 7(k), who
are confined to a duty station, the legislative history of the Act
indicates Congressional intent to mandate a departure from the usual
FLSA ``hours of work'' rules and adoption of an overtime standard keyed
to the unique concept of ``tour of duty'' under which firefighters are
employed. Where the public agency elects to use the section 7(k)
exemption for firefighters, meal time cannot be excluded from the
compensable hours of work where (1) the firefighter is on a tour of duty
of less than 24 hours, and (2) where the firefighter is on a tour of
duty of exactly 24 hours, which is a departure from the general rules in
Sec. 785.22 of this title.
(d) In the case of police officers or firefighters who are on a tour
of duty of more than 24 hours, meal time may be excluded from
compensable hours of work provided that the tests in Secs. 785.19 and
785.22 of this title are met.
