POLICE 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.

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.

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. 

Ad Loading...
Subscribe to our newsletter

More Patrol

Thumbnail for POLICE video From theShow Floor: Traka
Patrolby Wayne ParhamOctober 30, 2025

From the Show Floor: Traka

Join POLICE as we visit with Steve Atkinson of Traka and learn about the company’s asset management cabinets and key lockers.

Read More →
image of conference stage top left, inset image of two men standing at right, and lower left logo for Team Wendy
PatrolOctober 29, 2025

Team Wendy Shares New DREW Data During Personal Armour Systems Symposium

Team Wendy shared data about DREW, a biofidelic helmet-test rig built to simulate real head-to-ground falls and capture both linear and rotational head motion, during the recent Personal Armour Systems Symposium in Belgium.

Read More →
Images for three athletes - discus, weightlifting, baseball, and inset image of San Diego highway sign and logo for 2026 US Police and Fire Championships.
PatrolOctober 28, 2025

2026 US Police and Fire Championships to Unite First Responders in San Diego for 59th Annual Event

The 2026 US Police and Fire Championships, featuring more than 35 Olympic-style events and new competitions, will return to San Diego, California.

Read More →
Ad Loading...
Collage of police officers and a firefighter with FOX & Frends logo.
PatrolOctober 27, 2025

FOX News Channel’s FOX & Friends to Host Live Audience for National First Responders Day

In honor of National First Responders Day, FOX News Channel’s FOX & Friends will host a live audience made up of first responders and their families. Police officers, firefighters, EMTs, and other emergency personnel have been invited to attend the live program.

Read More →
patrolfinder - reducing crime thumbnail
SponsoredOctober 27, 2025

How One Police Department Cut Crime by 46% with Smarter Patrol Management

Discover how one police department cut crime nearly in half using smarter patrol data. This whitepaper breaks down the real-world strategy behind a 46% drop in vehicle thefts, improved officer safety, and stronger community visibility.

Read More →
black background with graphic image showing how police response times can be shortened and officer better informed.
PatrolOctober 26, 2025

Axon Ecosystem Advancements Connect Critical Moments of Public Safety Response

Last week, during IACP 2025, Axon unveiled what it called the next evolution of its connected public safety ecosystem. Key launches included Prepared by Axon, new Axon Assistant and Axon Air Drone as First Responder (DFR) capabilities, and Community Shield and Community Link.

Read More →
Ad Loading...
Thumbnail for video series POLICE Topics, Tactics & Tips with a yellow headline that reads When Do You Transport a Wounded Officer Instead of Waiting for EMS?
Patrolby Wayne ParhamOctober 26, 2025

When Do You Transport a Wounded Officer Instead of Waiting for EMS?

Thumbnail for video series POLICE Topics, Tactics & Tips with a yellow headline that reads When Do You Transport a Wounded Officer Instead of Waiting for EMS?

Read More →
Safariland header photo
Sponsoredby David ReederOctober 22, 2025

Is Your Duty Holster Duty Rated?

The first – and worst – time I had to fight to keep my gun, my holster and duty belt held up far better than my training did.

Read More →
small pen like flashlight against a blue background with inset Streamlight logo.
PatrolOctober 22, 2025

Streamlight Releases the Ultra-Thin Wedge SL

Streamlight has launched the Wedge SL, an ultra-thin, USB-C rechargeable light designed for users who want pocketable power.

Read More →
Ad Loading...
Thumbnail for video series POLICE Topics, Tactics & Tips episode More IACP from the Show Floor
Patrolby Wayne ParhamOctober 22, 2025

More IACP 2025 From the Show Floor

Watch expanded coverage of IACP 2025 as the POLICE Magazine team walks the aisles at the expo and shares what we found interesting on display for chiefs from across the country and around the world this week in Denver, Colorado.

Read More →