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FLSA Overtime Pay for LEOs

Follow these rules to determine the overtime pay entitlements of law enforcement officers (LEOs) under the Fair Labor Standards Act of 1938, as amended (FLSA).


If the LEO is a criminal investigator:
  • the LEO receives availability pay

  • the LEO is not eligible for FLSA overtime pay
    (however, the LEO is eligible for overtime pay under 5 U.S.C. 5545a(c)  for certain regularly scheduled overtime work)

  • bona fide meal periods are not compensable
If the LEO is not a criminal investigator, and receives AUO pay:
  • bona fide meal periods are included in the tour of duty under 5 CFR 551.411(c)

  • the biweekly overtime standard under 5 CFR 551.541 is 85 1/2 hours

  • the straight time rate under 5 CFR 551.512(b) equals:   (basic pay [including locality pay or special pay adjustments for LEOs] + AUO pay) divided by the total number of hours covered by basic pay, AUO pay, and bona fide meal periods
If the LEO is not a criminal investigator, and does not receive AUO pay:
  • bona fide meal periods are excluded from the tour of duty under 5 CFR 551.411(c)

  • the weekly overtime standard under 5 CFR 551.541(a) is 40 hours

  • the straight time rate under 5 CFR 551.512(b) equals the rate of basic pay (including locality pay or special pay adjustments for LEOs)



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