How the 7(k) exemption works
Most workers earn overtime after 40 hours in a week. Under section 7(k) of the Fair Labor Standards Act, a public fire department can instead choose a work period of 7 to 28 consecutive days and pay overtime only for hours beyond a higher limit. The limits come from 29 CFR 553.230:
| Work period | Fire protection: overtime after | Law enforcement: overtime after |
|---|---|---|
| 28 days | 212 hours | 171 hours |
| 27 days | 204 hours | 165 hours |
| 24 days | 182 hours | 147 hours |
| 21 days | 159 hours | 128 hours |
| 20 days | 151 hours | 122 hours |
| 14 days | 106 hours | 86 hours |
| 7 days | 53 hours | 43 hours |
Three-platoon rotations — the 24/48, 48/96 and Kelly — average 56 hours a week, or about 224 hours in 28 days, which is why most departments either pay some overtime every period or add Kelly days. The four-platoon 24/72 averages 168 hours in 28 days and creates no 7(k) overtime on its own.
Worked example
A firefighter on a 24/48 earns $24 an hour, with a 28-day work period and no Kelly days. In a typical period they are scheduled 9 or 10 shifts (216 or 240 hours). In a 10-shift period: 240 − 212 = 28 overtime hours × $36 = $1,008 of overtime, on top of 212 × $24 = $5,088 straight time. Over a year that averages about 12 overtime hours per period.
Why the work period matters
Because 24-hour shifts land unevenly, the number of shifts in each period changes. Shorter periods (like 7 or 14 days) can produce overtime in some periods and none in others, while the 28-day period evens things out. The calculator shows every period over a year so you can see the spread.
Frequently asked questions
How is firefighter overtime calculated?
Fire departments can use the FLSA 7(k) exemption: they set a work period of 7 to 28 days and owe overtime at 1.5× the regular rate only for hours over 212 in 28 days (or the same ratio for shorter periods — 106 hours in 14 days, 53 in 7). Without a 7(k) work period, the normal 40-hour weekly rule applies.
How much overtime does a 24/48 schedule create?
A 24/48 schedules about 224 hours in a 28-day period — about 12 hours over the 212-hour threshold, so roughly 156 overtime hours a year before Kelly days.
What does a Kelly day do to overtime?
A Kelly day removes a scheduled shift at a set interval. Taking every 7th shift off on a 24/48 cuts average hours to about 48 a week and brings most work periods under the 212-hour threshold.
Do salaried firefighters get overtime?
Yes, if they are non-exempt. The regular rate is the salary for the work period divided by the hours worked in it. Because the salary already pays straight time, the overtime owed is the extra half-time for hours over the threshold.
Do EMS workers get the 7(k) exemption?
Paramedics and EMTs employed by a fire department and trained and authorized for fire suppression can be treated as fire protection employees. EMS workers outside a fire department usually fall under the normal 40-hour rule.
Does my contract change this?
The FLSA sets the minimum. Many union contracts pay overtime sooner or at higher rates, so check your collective bargaining agreement.
Estimates only. Your department's work period, contract, trades, callbacks and leave decide your actual pay. Sources: U.S. Department of Labor Fact Sheet #8, 29 CFR Part 553.