Question 1

How are FLSA 7(k) overtime work periods calculated for 24/48, 48/96, and 24/72 firefighter shift schedules?

Accepted Answer

Under FLSA Section 7(k), fire departments use a 28-day work period with a 212-hour overtime threshold instead of the standard 40-hour week. On a 24/48 schedule, a firefighter averages about 2,920 hours per year — roughly 226 hours per 28-day period — so they exceed the 212-hour threshold every cycle and earn 1.5x their regular rate for all hours beyond 212. The 48/96 schedule produces a similar annual total. A 24/72 schedule averages about 2,190 hours per year, or roughly 170 hours per 28-day period, which can keep firefighters under the threshold and reduce FLSA overtime. The regular rate is base annual salary divided by scheduled annual hours.

Question 2

How do Kelly Days and shift rotations reduce regular hours to avoid FLSA overtime thresholds?

Accepted Answer

A Kelly Day is a scheduled paid day off inserted into a firefighter's rotation to lower total hours worked within the FLSA 7(k) work period. By removing one 24-hour tour from a cycle, a Kelly Day drops the firefighter's hours in the 28-day period closer to or below the 212-hour threshold, reducing or eliminating FLSA overtime liability. The classic Kelly Schedule averages 52.5 hours per week across a 9-day cycle, keeping firefighters near the threshold so overtime accrues predictably. Adding a Kelly Day reduces overtime pay; removing one increases it. Because overtime can represent 20-30% of total compensation on high-hour schedules, Kelly Day placement directly impacts both annual earnings and department labor costs.

Question 3

Where can I find municipal and federal DOD firefighter pay scales and salary schedules?

Accepted Answer

Municipal firefighter pay scales are published in each department's collective bargaining agreement (CBA), available through the city HR office or the IAFF local union. Our Department Directory lists 78+ US fire departments with entry-level base salaries, pension multipliers, and cost-of-living indices, with links to state pension fund portals. Federal DOD firefighters are paid under the Federal Wage System (FWS), not the General Schedule (GS), with pay set by locality wage areas from FWS-1 through FWS-10, plus 25% firefighter premium pay and FLSA 7(k) overtime. Consult OPM's FWS wage schedules for current DOD rates.

Question 4

How do paramedic, hazmat, and rank stipends factor into the regular rate of pay for overtime?

Accepted Answer

Under FLSA rules, the regular rate of pay used to calculate overtime must include most non-discretionary stipends, not just base salary. Paramedic stipends (typically $4,000-$8,000/year), hazmat certification pay ($3,000-$5,000/year), and rank differentials are added to base salary before dividing by scheduled hours, which raises the regular hourly rate and amplifies overtime earnings. A $6,000 paramedic stipend on a 24/48 schedule raises the regular rate by about $2.05/hr, adding roughly $3.08/hr to the overtime rate. In many departments these stipends are also pensionable, increasing the final average salary used for retirement benefits. Confirm which stipends are included in the regular rate via the specific CBA.

Question 5

How do FLSA overtime rates apply to mandatory versus voluntary fire department holdovers?

Accepted Answer

Both mandatory and voluntary holdovers are governed by FLSA 7(k) overtime rules. Any hours worked beyond the 212-hour threshold in the 28-day work period must be paid at 1.5x the regular rate, regardless of whether the holdover was mandatory or voluntary. The distinction is scheduling, not pay rate: mandatory holdovers are typically due to staffing shortages or emergency coverage, while voluntary holdovers are offered and accepted by the firefighter. Some CBAs negotiate higher premium rates (e.g., 2x regular rate) for mandatory holdovers or hours beyond a daily cap, but the FLSA floor is always 1.5x for hours over 212. The regular rate includes applicable stipends, so holdover overtime is calculated on the full regular rate.

About Us

How We Analyze Municipal CBAs

Editorial Standards