(a) Section 3(e)(4)(A)(ii) of the FLSA does not permit an individual
to perform hours of volunteer service for a public agency when such
hours involve the same type of services which the individual is employed
to perform for the same public agency.
(b) Whether two agencies of the same State or local government
constitute the same public agency can only be determined on a case-by-
case basis. One factor that would support a conclusion that two agencies
are separate is whether they are treated separately for statistical
purposes in the Census of Governments issued by the Bureau of the
Census, U.S. Department of Commerce.
