What State and Local Government Workers Need to Know About Overtime and Pay Laws

If you work in public service, your wages and work hours can be protected by federal law, specifically, the Fair Labor Standards Act (FLSA). This law sets rules around minimum wage, overtime pay, and recordkeeping that apply to many public workers across the country.

What Counts as a Public Agency

Under the FLSA, a public agency includes any federal, state, or local government branch. That means cities, counties, public schools, state universities, transit authorities, and water or sanitation districts all fall under this definition.

However, not every worker at a government-run facility qualifies. If a private contractor employs you, say, a company that provides janitorial services to a city building, you’re not considered a public employee under the FLSA. Your coverage may still exist, but it’s tied to private-sector rules instead.

When the FLSA Applies to Public Workers

The FLSA covers most employees at state or local agencies. This includes full-time, part-time, and even seasonal staff. It doesn’t matter what department you work in or your job title; what matters is that you’re performing work for a public employer.

So, whether you're a bus driver, office assistant, firefighter, or grounds crew member, the FLSA’s wage and hour protections likely apply to your role.

Rules Employers Must Follow

Here’s what government employers are expected to do for covered, nonexempt workers:

• Pay at least $7.25 an hour (the current federal minimum wage)
• Pay time-and-a-half for any hours worked beyond 40 in a single week
• Follow child labor rules if employing minors
• Keep accurate wage and hour records

There’s also a youth minimum wage of $4.25 per hour for employees under 20 during their first 90 days of work. But that doesn’t mean employers can fire someone just to replace them with a lower-paid worker. That’s illegal.

When Compensatory Time Is an Option

Instead of paying overtime in cash, public agencies can offer compensatory time, or “comp time.” This gives eligible workers paid time off in exchange for extra hours worked.

Here’s how it typically works under the FLSA:

• Most public employees can accrue up to 240 hours of comp time.
• Firefighters, police officers, EMTs, and seasonal employees can accrue up to 480 hours.
• You have the right to use your earned comp time when requested—unless doing so would cause an undue disruption to the agency’s operations.

However, not all states allow comp time. Some have stricter wage laws that require cash overtime payments instead. In those cases, your employer must follow the law that offers greater protection to workers.

Special Exceptions for Certain Public Employees

While most public employees follow the standard 40-hour workweek under the FLSA, a few exceptions are designed for specific roles or unique scheduling needs. These include:

• Employees working a second job at the same agency in a different role (on a voluntary basis)
• Shift swaps between employees in the same job classification, when approved by the agency
• Exempt employees under the executive, administrative, or professional categories
• Healthcare workers at public hospitals or care facilities who agree to a 14-day schedule, earning overtime after 8 hours in a day or 80 hours over two weeks
• Transit employees engaged in certain types of charter services
• Seasonal workers at public facilities like pools, recreation centers, or parks

If your role falls into one of these categories, your employer may have different responsibilities regarding tracking hours and calculating overtime. But no matter your job title, your right to fair treatment doesn’t go away.

FLSA Rules for Firefighters and Law Enforcement Officers

Workers in fire protection and law enforcement have some unique considerations under the Fair Labor Standards Act. Let’s break down how the law applies to each group.

Fire Protection Employees

This category includes firefighters, paramedics, EMTs, rescue personnel, and hazardous materials teams. To qualify for FLSA coverage, the employee must:

• Be trained and authorized to respond to emergencies or fires
• Be employed by a public fire department

There’s no limit on the amount of non-fire-related duties these workers can perform—as long as their primary responsibility involves fire protection or emergency response, they’re covered.

Law Enforcement Personnel

To be covered under the law, law enforcement employees must:

• Be authorized to enforce laws
• Have the power to arrest
• Be trained in law enforcement procedures

However, if they spend more than 20% of their time each week on duties unrelated to law enforcement, they may lose certain FLSA protections.

Extra Work and Alternate Schedules

Firefighters and police officers can take on secondary jobs—like security for public events or emergency coverage for another agency—without affecting their FLSA pay calculations. Public agencies can also adopt alternative work periods (between 7 and 28 days), where overtime is calculated based on total hours worked during that cycle rather than after 40 hours each week.

Small Departments May Be Exempt

Agencies with fewer than five firefighters or law enforcement officers may not be required to pay overtime. However, this depends on specific factors and must be reviewed on a case-by-case basis.

Disclaimer: This information is based on fact sheets the DOL provides.

When It’s Time to Speak Up

Wage laws can get complicated, especially when comp time, youth minimum wage rules, or exemption classifications are involved. Whether the issue stems from a simple mistake or something more deliberate, the result is often the same: you’re not paid fairly.

If your paycheck doesn’t reflect the hours you’ve worked or you’re unsure whether your rights have been violated, it may be time to get legal help.

If you suspect your rights under the FLSA might’ve been violated, talk to Morgan & Morgan today by filling out our free case review form. We might be able to help.