Many firefighters in North Carolina work long, demanding schedules—often well beyond 40 hours per week. While firefighters employed by cities, counties, and other government agencies may fall under special overtime rules, firefighters who work for private or nonprofit fire departments do not.
Under federal law, firefighters employed by private fire departments in North Carolina are entitled to overtime pay for all hours worked over 40 in a workweek.
This distinction is critical—and frequently misunderstood by employers.
The General Rule: Overtime After 40 Hours
The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees:
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One and one-half times their regular rate of pay
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For all hours worked over 40 in a single workweek
Unless a specific exemption applies, this rule governs.
The 7(k) Exemption Applies Only to Public Agencies
Fire departments often reference the “7(k) exemption”, which allows public employers to use extended work periods (up to 28 days) before overtime is required.
But that exemption is narrow.
The Key Limitation
The 7(k) exemption applies only to employees of a “public agency.”
That includes:
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Municipal fire departments
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County fire departments
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State or federal fire agencies
It does not include:
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Private fire departments
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Nonprofit or volunteer fire departments organized as private corporations
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Fire departments that contract with counties or towns but remain privately run
U.S. Department of Labor: Private Fire Departments Are Not “Public Agencies”
The U.S. Department of Labor has addressed this issue directly.
In a formal Wage & Hour Division opinion letter, the DOL concluded that a nonprofit, privately operated fire department—even one that:
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Contracts with local governments, and
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Provides traditional fire protection services
is not a “public agency” under the FLSA and therefore cannot use the 7(k) exemption.
What That Means
If a fire department is:
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Organized as a private or nonprofit entity, and
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Not legally part of a city, county, or state government
Then its firefighters are:
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Covered by the standard FLSA overtime rule, and
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Entitled to overtime pay after 40 hours in a workweek
Common Overtime Violations at Private Fire Departments
In North Carolina, private fire departments sometimes:
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Improperly apply 7(k) work periods
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Fail to pay overtime for long shifts
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Average hours over multiple weeks
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Misclassify firefighters as exempt
These practices can result in substantial unpaid overtime liability, including:
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Back pay (up to three years)
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Liquidated damages (double damages)
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Attorneys’ fees and costs
North Carolina Firefighters: Know Your Rights
If you are a firefighter in North Carolina and your employer is:
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A nonprofit fire department
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A private fire company
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A volunteer department that pays wages
You may be entitled to significant unpaid overtime, even if your employer claims a special firefighter exemption.
Whether overtime is owed depends on:
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Who legally employs you
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How the department is structured
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How hours and pay are calculated
Titles, traditions, and contracts with local governments do not control—the law does.
Speak With an Experienced North Carolina Overtime Attorney
Wage and hour law is technical, and firefighter overtime cases are often wrongly handled by employers.
If you believe your private fire department has failed to pay overtime properly, consult with an employment attorney experienced in FLSA overtime litigation.
You may be entitled to recover unpaid wages and damages under federal law.