Employees who engage in both fire protection and law enforcement activities may use the special § 7(k) rules, provided that each of the activities performed meets the appropriate tests. This is true regardless of how the employee’s time is divided between the two activities. However, all time spent in nonexempt activities by public safety officers within the work period, whether performed in connection with fire protection or law enforcement functions, or with neither, must be combined for purposes of the 20 percent limitation on nonexempt work discussed in 29 C.F.R. § 553.212.

The maximum hours standards are different for employees engaged in fire protection and for employees engaged in law enforcement. For those employees who perform both fire protection and law enforcement activities, the applicable standard is the one which applies to the activity in which the employee spends the majority of work time during the work period. For more information on this topic, see the regulations found at 29 C.F.R. § 553.213.