‘Pure Gap Time’ Is Not Compensable Under The FLSA

Section 7(k) of the Fair Labor Standards Act (FLSA) allows employers to take advantage of longer overtime thresholds for public safety employees. Using a “work period” of between seven and 28 days, an employer need not pay law enforcement officers overtime until they work more than the equivalent of a 40-hour week; for firefighters, the threshold is the equivalent of a 53-hour week. Work outside of the regular shift…

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