The fire department must approve the substitution.The fire department must be a public agency.In order to exclude hours a firefighter works as a substitute from hours worked for overtime purposes, all of the following conditions must be met: If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.
These provisions can be found at 29 U.S.C. Public agency employees can substitute or trade shifts for each other without impacting hours worked for FLSA overtime purposes. However, the FLSA contains a very unique provision that applies only to public agency employees, including many firefighters. One would think that the hours a firefighter works as a substitute for another firefighter would fall under this general rule. The FLSA generally requires employers to count all hours worked during each work period when determining overtime eligibility. Does your fire department meet these requirements and follow these rules? Let’s take a closer look. It is even possible to have zero FLSA implications from shift trades or swaps if you meet certain requirements and follow rules established by both the FLSA and regulations. This might surprise you, but firefighters (and other public agency employees) can “trade” or “swap” shifts under certain conditions. Are there FLSA implications for firefighters that trade shifts? I am being told that firefighters can “trade” or “swap” shifts with each other and there are no FLSA implications. I am especially concerned about some of the practices within the fire department.
I am struggling with some of the unique components of the FLSA that only apply to public sector workers. Before taking this job I worked for many years as an HR manager in the private sector. Today’s FLSA Question: I am the HR director for a small city.
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