Although the 1974 Amendments to the FLSA provided special exemptions
for employees of public agencies engaged in fire protection and law
enforcement activities, such workers may also be subject to other
exemptions in the Act, and public agencies may claim such other
applicable exemptions in lieu of sections 13(b)(20) and 7(k). For
example, section 13(a)(1) provides a complete minimum wage and overtime
pay exemption for any employee employed in a bona fide executive,
administrative, or professional capacity, as those terms are defined and
delimited in 29 CFR part 541. The section 13(a)(1) exemption can be
claimed for any fire protection or law enforcement employee who meets
all of the tests specified in part 541 relating to duties,
responsibilities, and salary. Thus, high ranking police officials who
are engaged in law enforcement activities, may also, depending on the
facts, qualify for the section 13(a)(1) exemption as ``executive''
employees. Similarly, certain criminal investigative agents may qualify
as ``administrative'' employees under section 13(a)(1). However, the
election to take the section 13(a)(1) exemption for an employee who
qualifies for it will not result in excluding that employee from the
count that must be made to determine the application of the section
13(b)(20) exemption to the agency's other employees.
Tour of Duty and Compensable Hours of Work Rules
