The FLSA generally requires overtime at time and one-half for all hours worked over
40 per week. There is, however, a special rule for government police agencies and fire
departments which allows a different “work period” in some circumstances. If the
employer establishes an alternative work period under section 7(k) of the FLSA,
overtime is owed (under the FLSA) only for hours worked in excess of a threshold
number of hours per work period, which will be different from (and more than) the
normal 40 hours per week. For example, a police employer may establish a 7(k) work
period of 14 days. If the employer has complied with the requirements for establishing
such an alternative work period, FLSA overtime is owed only for hours worked in excess
of 86 hours in a 14 day work period.
