Police Overtime and the FLSA Section 7(k) Work Period

ADKINS&PURKEY RESOURCE LIBRARY · SEPTEMBER 23, 2026

A work period is not simply a pay period

The Department of Labor explains that qualifying public law-enforcement employees may fall under Section 7(k), which permits work periods of 7 to 28 consecutive days. The overtime threshold depends on the applicable period; for qualifying law-enforcement work, the 28-day threshold is 171 hours. This does not mean every officer is automatically subject to that arrangement. The employer’s established work period, the employee’s duties, and other coverage questions must be reviewed. A two-week paycheck alone does not prove the legal work period.

Reconstruct hours before estimating a claim

Collect schedules, time entries, pay stubs, overtime approvals, and records of required work outside the scheduled shift. Distinguish hours actually worked from paid leave and identify how the employer treated each category. Record work-period start and end dates rather than averaging hours across unrelated periods. The regular rate, compensatory time, exemptions, and particular assignments can affect the analysis. Ask counsel to review the complete arrangement before relying on a simple comparison between salary and total time at the station.

What to gather

• Obtain the stated work-period policy and the dates each period begins.
• Compare schedules and actual time records with payroll and overtime entries.
• Identify required work outside the shift and how it was recorded.

Does being paid a salary eliminate overtime rights?

Not by itself. Duties, coverage, and the applicable exemption rules matter. Law-enforcement work has specific FLSA rules, and a job title or salary label is not the complete analysis.