04/14/2026
Ladies and Gentlemen,
I want to take a moment to share some information that many people simply do not know about the difference between working in law enforcement and working in the private sector.
One thing I’ve learned from speaking with citizens across Jefferson County is that most people believe police officers receive overtime after 40 hours in a week—just like most private-sector jobs. That assumption is understandable, but it is not accurate.
Law enforcement operates under a different federal standard known as the Fair Labor Standards Act exemption, often referred to as the “207(k)” provision. Under this system, agencies can adopt a 28-day work cycle instead of a traditional 40-hour work week.
What that means is this: instead of earning overtime after 160 hours in a month (or 40 hours per week), law enforcement officers may not receive overtime until they exceed 171 hours within a 28-day period.
To put that into perspective, most officers in our area work 12-hour shifts. Over a 28-day cycle, that typically equals 168 hours—just under the overtime threshold.
Now, let’s look at how this impacts agencies here in Jefferson County.
City police departments generally pay officers on a bi-weekly basis. When an officer exceeds the 171-hour threshold within that 28-day cycle, they are compensated accordingly—receiving straight time for some additional hours and overtime for anything beyond the federal threshold.
The Sheriff’s Office, however, operates differently. Deputies are paid a monthly salary. While that may sound stable, it creates a hidden issue: there are 13 separate 28-day work cycles in a year, but only 12 monthly paychecks.
This means deputies can work additional hours within those cycles without seeing proportional compensation in their regular pay structure.
It’s also important to note that, until recent years, many county deputies were compensated with comp time instead of overtime pay—meaning they earned time off rather than additional income. While comp time has its place, it does not help deputies meet financial obligations the same way a paycheck does.
Another issue with the 28-day system is how leave time is handled. If a deputy works significant overtime early in the cycle but then must take sick leave before the period ends, those sick hours can reduce the total hours counted—potentially eliminating overtime they otherwise would have earned.
The end result is this: many deputies leave the Sheriff’s Office for city departments and only then realize how much income they were effectively missing under the county system.
At the same time, the public is often unaware of how the 207(k) system works. Many assume deputies are being compensated the same way as other professions, and are surprised to learn they are not paid weekly or bi-weekly like most workers.
This is not just a payroll issue—it is a retention issue. If we want to recruit and keep good deputies, we must ensure they are compensated in a way that is fair, competitive, and transparent.
The FLSA requires state and local governments using the 207(k) exemption to declare the work period for employees engaged in law enforcement and fire protection. The act does not require the same work period for all law enforcement and fire protection personnel. | Manuals and Guides