FLSA Rules for Firefighters: 7(k) Overtime & Work Cycles

What Is FLSA Section 207(k)?

The Fair Labor Standards Act (FLSA) generally requires employers to pay overtime (1.5× the regular rate) for any hours worked beyond 40 in a 7-day workweek. However, Section 207(k) provides a special exemption for employees of fire protection activities — including firefighters — that allows public fire departments to use a longer work period of between 7 and 28 days before overtime applies.

Most fire departments adopt the maximum 28-day work period. Under this period, firefighters do not earn overtime until they exceed 212 hours worked in 28 days — equivalent to roughly 2,767 hours annually. This is dramatically higher than the 160-hour threshold that applies to standard employees over a comparable four-week span.

The FLSA Rules for Firefighters, Summarized

For anyone who needs the short version, these are the core FLSA rules that apply to firefighter pay:

• A public fire department may elect a work cycle (work period) of 7 to 28 consecutive days instead of the standard 7-day workweek.
• The straight-time maximum scales with the cycle: 53 hours in a 7-day period up to 212 hours in a 28-day period.
• Hours worked beyond the maximum in a cycle are paid at 1.5× the regular rate.
• The regular rate is base pay plus most non-discretionary stipends, divided by hours worked — not simply base salary.
• The cycle length must be established in advance and applied consistently; a department cannot change it period by period to avoid overtime.
• FLSA is a floor, not a ceiling — a collective bargaining agreement can require more generous overtime than federal law demands.

The 212-Hour Threshold Explained

The 212-hour figure is derived from the standard 40-hour workweek scaled to a 28-day period: 40 hours × 4 weeks = 160 hours, plus an adjustment that accounts for the extended period. The Department of Labor formula yields 212 hours as the maximum hours a firefighter can work in a 28-day period at the regular rate before overtime must be paid.

Any hours worked beyond 212 in the 28-day period must be compensated at 1.5× the firefighter's regular hourly rate. Because most fire schedules far exceed 2,767 hours annually, the majority of firefighters earn substantial overtime under 207(k).

FLSA 7(k) Work Cycles and Maximum Hours

Section 7(k) does not fix a single overtime threshold — it scales the threshold to the length of the work period the department elects, anywhere from 7 to 28 days. The maximum number of hours a firefighter may work at straight time before statutory overtime applies rises with the period length, from 53 hours in a 7-day period to 212 hours in a 28-day period.

Worked FLSA Overtime Calculations

The two examples below walk through a full FLSA 7(k) overtime calculation for the most common firefighter shift rotations — a 24/48 schedule and a 48/96 schedule — assuming a $60,000 base salary and the maximum 28-day work period.

How Shift Schedules Affect Overtime

Shift schedule type is the single biggest driver of overtime earnings. Here's how the common schedules compare in annual scheduled hours:

• 24/48 (1 on / 2 off): ~2,920 hours/year — comfortably exceeds the 2,767-hour FLSA threshold, generating steady overtime.
• 48/96 (2 on / 4 off): similar annual total to 24/48, with hours concentrated into longer tours.
• Kelly Schedule: averages 52.5 hours/week across a 9-day cycle — specifically designed to maximize overtime accrual while preserving rest.
• 72-Hour Work Week: pushes firefighters far past the threshold every period, producing the highest overtime totals.

Two firefighters with identical base salaries but different shift schedules can earn vastly different total compensation. This is why our comparator lets you adjust the shift schedule and see the overtime impact immediately.

Calculating the Regular Hourly Rate

The regular rate used for overtime is derived by dividing the firefighter's base annual salary by their scheduled annual hours. For example, a firefighter earning a $60,000 base salary on a 24/48 schedule (~2,920 hours/year) has a regular hourly rate of approximately $20.55. Overtime is then paid at 1.5× that rate, or roughly $30.82/hour.

Some departments also include stipends (paramedic, hazardous duty) in the base before calculating the regular rate, which further increases overtime pay. Always check the specific CBA to determine what's included in the regular rate.

Worked Example

Consider a firefighter with a $60,000 base salary on a 24/48 schedule who works an average of 40 overtime hours per month (480 hours/year):

• Regular hourly rate: $60,000 ÷ 2,920 hrs ≈ $20.55/hr
• Overtime hourly rate: $20.55 × 1.5 ≈ $30.82/hr
• Annual overtime pay: 480 hrs × $30.82 ≈ $14,794
• Total gross (base + OT, before stipends): ~$74,794

That's nearly a 25% boost to gross pay from overtime alone — before factoring in paramedic stipends, hazardous-duty pay, or pensionable salary enhancements.

Key Takeaways

• FLSA 207(k) lets fire departments use a 28-day work period with a 212-hour overtime threshold.
• Most firefighter schedules exceed the threshold, making overtime a major component of total pay.
• Shift schedule choice can swing total compensation by tens of thousands of dollars at the same base salary.
• Overtime is calculated at 1.5× the regular rate, which is derived from base salary ÷ scheduled hours.
• Always verify the specific terms in your department's CBA — inclusion of stipends in the regular rate varies.

Ready to compare cities? Return to the City Comparison Tool to see how FLSA overtime, pension tiers, and cost-of-living stack up across departments.