FLSA · 29 U.S.C. § 207(p)(1) · 29 CFR 553.227 · special detail
FLSA special-detail overtime (fire/LE hours not combined)
29 U.S.C. § 207(p)(1) / 29 CFR 553.227: hours a fire-protection or law-enforcement employee works on a special detail for a separate and independent employer, solely at the employee’s option, are not combined with the public-agency week for overtime. Classic $20 × five 10h + 8h special → $1,260 vs combined $1,340 vs FLSA $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs NY 44 $1,060 vs 778.310 $1,182.50 vs WA meal $1,150 vs NJ trucking $1,038.80 vs 7(q) $1,300 / $1,000. Forty + 8h special → $960 vs combined $1,040.
How § 207(p)(1) pays
The official Cornell LII reprint of 29 U.S.C. § 207 (HTTP 200), the U.S. House uscode prelim text (HTTP 200), GovInfo USCODE-2023 § 207 (HTTP 200), and Cornell LII 29 CFR 553.227 (HTTP 200) provide that if a public-agency fire or law-enforcement employee (including correctional security) agrees, solely at the individual’s option, to a special detail for a separate or independent employer in fire protection, law enforcement, or related activities, the public agency excludes those special-detail hours when calculating overtime. 29 CFR 553.227 confirms the two employers must in fact be separate and independent, and that a directed assignment (parade crowd control that is not optional) does not qualify even if a promoter reimburses the agency.
Formula (gates on): § 207(a) 1.5× after 40 on the primary punches, plus special-detail hours at the special rate without combining. The special employer still pays its own wages; if that job itself exceeds 40, that employer owes its own overtime. Failed option / separate-employer / fire-LE gate → ordinary combined § 207(a).
This is not 7(k), not 7(q), not 778.310, not N.J.S.A. 34:11-56a4(f), not WAC 296-126-092, and not a waiting-time penalty.
Five 10h days @ $20 + 8h optional special → $1,100 + $160 = $1,260.
Same hours combined on /overtime/ → $1,340.
Primary five 10h only on /overtime/ → $1,100.
Same primary punches on /kansas-overtime/ → $1,040.
Same on /maryland-bowling-residential-overtime/ → $1,020.
Same on /new-york-miscellaneous-residential-overtime/ → $1,060.
Same on /new-jersey-trucking-overtime/ → $1,038.80.
Forty primary + 8h special → $960 vs combined $1,040. Directed five 10h + 8h → $1,340.
Sources
- 29 U.S.C. § 207(p)(1) — Cornell LII (HTTP 200)
- 29 U.S.C. § 207 — U.S. House Office of the Law Revision Counsel (prelim) (HTTP 200)
- GovInfo USCODE-2023 Title 29 § 207 (HTTP 200)
- 29 CFR § 553.227 Outside employment — Cornell LII (HTTP 200)
FAQ
Does the city still pay overtime on its own 50-hour week?
Yes. Primary hours still run § 207(a) after 40. Only the special-detail hours are excluded from that clock. Five 10-hour city days still pay $1,100; the extra $160 is the special employer.
Directed extra duty?
Uncheck the option box. 553.227(g) example: parade crowd control that is not solely at the officers’ option combines, even if a promoter reimburses the agency.
Is this 7(k)?
No. 7(k) is a different public-safety work-period rule (212/171). This page keeps the primary clock at weekly 40 and isolates special-detail hours.
Kansas after 46 or Maryland after 48?
No. Those are state weekly thresholds on the primary punches. This page’s classic $1,260 is the city $1,100 plus $160 special, not a 46- or 48-hour threshold.
Waiting-time or meal/rest?
No. This is a joint-employment / overtime-combination exclusion, not a final-pay penalty and not a missed-break premium.