Police Magazine Logo
MenuMENU
SearchSEARCH

Time Should Be Money

After much debate, the Fair Labor Standards Act has been changed to protect law enforcement officers who receive overtime compensation.

3 min to read


After much debate, the Fair Labor Standards Act has been changed to protect law enforcement officers who receive overtime compensation. The new regulations are slated to go into effect August 23, 2004.

Section 541.3(b) adds explicit language that the revised overtime exemptions for executive, administrative, and professional employees are not to be applied to law enforcement officers, deputies, correctional officers, probation officers, parole officers, highway patrol troopers, state police officers, or rangers, regardless of rank. This includes officers who have as their primary duty preventing or detecting crime; conducting investigations; pursuing, restraining and apprehending suspects; supervising suspected and convicted criminals; interrogating suspects; preparing investigative reports; and "other similar work."

Ad Loading...

Unfortunately, officers who don't have as their primary duty such tasks as specified above, and who gross more than $23,600 per year, may still be at risk of losing overtime.

But law enforcement lobbyists were successful in securing the use of a less stringent test of overtime eligibility for law enforcement officers. Language in the preamble to the final rule states that the "super-short" test for highly compensated employees (originally defined as those grossing over $65,000 per year, now raised to $100,000 per year) is not to be used for law enforcement workers. This means that even highly compensated police employees will have to be evaluated under the regular "duties test" to determine if they can be denied overtime pay.

The "duties test" has been modified to make it easier for employers to classify workers as exempt, but, even so, it's still better to be under the duties test than the super-short test that non-law enforcement workers will now be subject to. The net result is a win for police, as the Department of Labor was forced to revise its initial proposal.

Finally, language that would have allowed employers to classify a worker as a learned professional (and thus exempt from overtime) based not on advanced academic degrees but on military training, community college courses, or technical school attendance, has been completely deleted.

In issuing the new final rule, the Department of Labor has been forced to back off its original plan. Don't be deceived by press releases or statements arguing that the changes are minor clarifications or minor issues that would not have affected law enforcement officers either way. And the fight is not over. There are still concerns over overtime eligibility at the police sergeant rank and above.

Ad Loading...

One thing should be absolutely clear: The Department of Labor did not preserve officers' overtime voluntarily. It was forced to by groups like the National Association of Police Organizations (NAPO) and by the support of law enforcement officers like you. America's police and corrections officers came out of this with their overtime intact, but it wasn't without a great deal of effort. Although we've won this battle, it's important that we be aware of proposed changes to the rights of police officers so we can fight to retain or even improve those rights. Ignorance and inaction will leave us with no alternatives.

Bill Johnson is the executive director of the National Association of Police Organizations. The text of the new Fair Labor Standards Act regulations affecting law enforcement officers' overtime eligibility is available at www.napo.org. 

Subscribe to our newsletter

More Patrol

Streamlight promotional graphic featuring the LiteBox 1 Million handheld light and Portable Scene Light III, highlighting products displayed for the 2026 National Safety Council Safety Congress & Expo in Indianapolis, Sept. 14–16.
PatrolSeptember 10, 2026

Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026

Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.

Read More →
Graphic promoting the 2027 World Police & Fire Games in Perth, Australia, featuring an aerial city view and photos of international participants carrying Brazilian and Australian flags.
PatrolSeptember 10, 2026

The 2027 World Police & Fire Games Set for Perth, Australia

The 2027 World Police & Fire Games (WPFG) will take place in Perth, Western Australia, from Friday, March 12 through Sunday, March 21, 2027.

Read More →
New York City skyline at night with the Tribute in Light beams illuminating the sky in remembrance of September 11, with the 5.11 logo in the upper left.
PatrolSeptember 10, 2026

5.11 Partners with National Fallen Firefighters Foundation to Support #ForThe343

5.11 has joined the nationwide movement honoring the 343 New York City Fire Department firefighters lost on Sept. 11, 2001.

Read More →
Ad Loading...
Team Wendy graphic announcing sponsorship of the Jorge Pastore Foundation, featuring a black-and-white photo of Austin Police Officer Jorge Pastore, whose end of watch was November 11, 2023.
PatrolAugust 27, 2026

Team Wendy Announces Title Sponsorship of the Jorge Pastore Foundation

Team Wendy’s 3-year partnership with the Jorge Pastore Foundation expands access to programs that strengthen those who serve.

Read More →
National Law Enforcement Officers Memorial Fund graphic for the 2026 9/11 commemoration ceremony beside a close-up of a police officer’s badge, with blurred emergency lights in the background.
PatrolAugust 27, 2026

National Law Enforcement Memorial and Museum Hosting 9/11 25th-Year Commemoration Ceremony

The National Law Enforcement Memorial and Museum is hosting a 9/11 25th Year Commemoration Ceremony on Sept. 11 at 4 p.m.

Read More →
Officer of the Month graphic for June 2026 honoring officers of the Chico, California, Police Department, featuring the department’s police badge and a rose emblem.
PatrolAugust 20, 2026

National Law Enforcement Officers Memorial Fund Announces June 2026 Officers of the Month

The National Law Enforcement Officers Memorial Fund (NLEOMF) named 15 officers of the Chico Police Department (California) as the Officers of the Month for June 2026 for their roles in responding to an active-shooter incident at a public library.

Read More →
Ad Loading...
Three smartphone screens display the Team Wendy community app, featuring tactical gear content, upcoming events, news, surveys, and navigation tools for warranty, sizing, and user profiles.
PatrolAugust 13, 2026

Team Wendy App Creates New Digital Hub for Helmet Owners

The Team Wendy Community App provides one location for warranty registration, size-fit tools, product updates, and community connection. For helmet owners, the new app creates a simpler path to the information and tools that matter most.

Read More →
Security officer wearing an earpiece uses a handheld two-way radio at an outdoor event, with PositionPTT push-to-talk radio accessories and earpiece shown alongside for professional communications.
PatrolJuly 28, 2026

PositionPTT & Pryme Combine Communication Technologies to Deliver Distracted Driving Compliance

Pryme Radio Accessories and hardware/software maker PositionPTT join forces to advance hands-free communications and ensure Department of Transportation compliance using an integrated system of push-to-talk platforms, devices, and audio equipment.

Read More →
Graphic announcing $25 million in law enforcement grants and resources over a photo of the U.S. Department of Justice headquarters in Washington, D.C., with large blue-and-white headline text overlaying the building.
PatrolJuly 23, 2026

Justice Department Releases $25M in Law Enforcement Grants & Resources

The Office of Community Oriented Policing Services has just released $25 million in new grant Notices of Funding Opportunities (NOFOs) to support law enforcement. The recently released NOFOs include the Safer Outcomes: Enhancing Crisis Response Training for Law Enforcement Program and other grant programs.

Read More →
Ad Loading...
POLICE Topics, Tactics & Tips YouTube thumbnail asking, “What qualifies a device as rugged or fully rugged?” featuring a Panasonic Toughbook laptop on a dark street background.
Patrolby Wayne ParhamJuly 23, 2026

What Makes a Laptop Rugged or Fully Rugged?

What separates a rugged laptop from a fully rugged one? In this video, two Panasonic Connect experts explain the military testing, IP ratings, durability standards, and real-world features that help law enforcement officers rely on their computers in any environment.

Read More →