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

Graphic titled “5 Things to Know When Buying Backup Lights” featuring a compact Streamlight flashlight attached to tactical gear. Police Law Enforcement Solutions branding appears in the lower corner against a dark, dramatic background.
PatrolMay 21, 2026

5 Things to Know When Buying Backup Lights for Patrol Use

What is the value of a backup light, and what do you need to consider when selecting one? These smaller lights are invaluable as a secondary or special-purpose light and can be easily carried in a pocket or clipped to MOLLE gear, a key chain, shirt, or a vest.

Read More →
graphic honoring fallen law enforcement officers featuring a uniformed officer holding a folded American flag, with bold text reading “2026 Roll Call of Heroes” and “363 Fallen Officers Honored,” alongside the National Law Enforcement Officers Memorial Fund logo.
PatrolMay 14, 2026

363 Fallen Officers Honored During National Police Week

In case you missed NELOMF’s annual Candlelight Vigil, here are all 363 names of the fallen officers whose names were added to the National Law Enforcement Officers Memorial this year.

Read More →
Graphic honoring New York City Police Department officers as “Officer of the Month” for March 2026. The image features portraits of Chief Aaron Edwards and Sergeant Luis Navarro alongside department and recognition text.
PatrolMay 14, 2026

NYPD Officers Who Responded Quickly During IED Incident Recognized as NLEOMF Officers of the Month

Chief Aaron Edwards and Sgt. Luis Navarro were recognized by NLEOMF as Officers of the Month for their response during an IED incident and their actions that helped prevent harm to the public.

Read More →
Ad Loading...
Infographic summarizing results from a national survey on policing reputation. Ten key findings cover public trust, communication, demographics, media influence, local policing, AI concerns, and emergency response, using charts, icons, and statistics throughout.
PatrolMay 14, 2026

National Police Survey Reveals How Americans View Policing Today

A new national survey offers a comprehensive look at how Americans view policing. The study uncovers public sentiment toward local vs. federal police, communications, crisis response, the use of AI in policing, and more.

Read More →
Product image of a Streamlight TLR-7 X tactical flashlight on a dark background. The compact black weapon-mounted light is shown in close-up beneath the Streamlight logo, highlighting its lens, controls, and mounting hardware.
PatrolMay 14, 2026

Streamlight TLR-7 X Selected as Standard Issue Pistol Light by Canadian Federal Police

The Canadian Federal Police will be adding a new duty pistol system, which will include Streamlight’s TLR-7 X and a Glock 45 MOS 7 pistol with a red dot sight.

Read More →
poeple dressed in dark clothing holding candles during a candlelight vigil.
PatrolMay 8, 2026

Fallen Law Enforcement Officers from Across the Country to be Honored During 38th Annual Candlelight Vigil on May 13th in Washington, D.C.

The National Law Enforcement Officers Memorial Fund (NLEOMF) will honor 363 fallen officers who have died in the line of duty as their names are added to the National Law Enforcement Officers Memorial during the annual Candlelight Vigil on May 13.

Read More →
Ad Loading...
Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Ad Loading...
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →