5 C.F.R. § 550.141
Authorization of premium pay on an annual basis
An agency may pay premium pay on an annual basis, instead of the premium pay prescribed in this subpart for regularly scheduled overtime, night, holiday, and Sunday work, to an employee in a position requiring him or her regularly to remain at, or within the confines of, his or her station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work. Premium pay under this section is determined as an appropriate percentage, not in excess of 25 percent, of that part of the employee's rate of basic pay which does not exceed the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under 5 U.S.C. 5304 or special rate of pay under 5 U.S.C. 5305 or similar provision of law).
Notes of Decisions
Cited in 12
cases, 1980–2019 · leading case: James E. Decosta, Vinson D. Thomas v. The United States, 987 F.2d 1556 (Fed. Cir. 1993).
James E. Decosta, Vinson D. Thomas v. The United States, 987 F.2d 1556 (Fed. Cir. 1993). “§ 5545 (c), 5 C.F.R. §§ 550.141 *1558 and 550.142 (1991), they should receive the other types of premium pay instead of standby pay.”
Alamo v. United States, 850 F.3d 1349 (Fed. Cir. 2017). “instead of premium pay provided by other provisions of this sub-chapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour”); 5 C.F.R. § 550.141 (“An agency may pay premium pay on an annual basis, instead of the premium pay…”
Manning v. United States, 10 Cl. Ct. 651 (Ct. Cl. 1986). “Similarly, 5 C.F.R. § 550.141 (1970), authorizes: An agency may pay premium pay on an annual basis, instead of the premium pay prescribed in this subpart for regu *659 larly scheduled overtime, night, holiday, and Sunday work, to an employee in a position requiring him regularly…”
Triponi v. United States, 224 Ct. Cl. 503 (Ct. Cl. 1980). “5 C.F.R. § 550.141 . In order to qualify for annual premium pay, this "standby overtime” must be required of the employee, and the hours must be part of a regularly established, pre-set time schedule.”
Armitage v. United States, 23 Cl. Ct. 483 (Ct. Cl. 1991). “, leave, holidays, or excused absences) are counted as hours of work for the purpose of this part for an employee who receives: (1) Annual premium pay for standby duty under 5 C.F.R. 550.141; (2) Annual premium pay for administratively uncontrollable overtime work under 5 C.”
Ater v. United States, 6 Cl. Ct. 344 (Ct. Cl. 1984). “See also 5 C.F.R. § 550.141 (1981). To be effective under the statute, this “requirement” must satisfy the following conditions: (1) The requirement must be definite and the employee must be officially ordered to remain at his station.”
DeCosta v. United States, 22 Cl. Ct. 165 (Ct. Cl. 1990). “The statute is expressed in regulatory terms at 5 C.F.R. § 550.141 . That section provides in relevant part: An agency may pay premium pay on an annual basis, instead of the premium pay prescribed in this subpart for regularly scheduled overtime, night, holiday and Sunday work…”
DeCosta v. United States, 23 Cl. Ct. 582 (Ct. Cl. 1991). “§ 5545 (c)(1); 5 C.F.R. § 550.141 (1990). They contend that the amount of pay they would otherwise receive for dif *583 ferent types of premium pay is greater than the standby premium pay they presently receive, and that therefore, pursuant to 5 C.”
Manning v. United States, 7 Cl. Ct. 128 (Ct. Cl. 1984). “See also 5 C.F.R. § 550.141 et seq. (1974). Further, section S1-2a(2)(k) defines a “tour of duty” as: [T]he hours of a day (a daily tour of duty)' and the days of an administrative workweek (a weekly tour of duty) that are scheduled in advance and during which an employee is…”
Alamo v. United States, 122 Fed. Cl. 638 (Fed. Cl. 2015). “” 5 C.F.R. § 550.141 . The OPM’s regulations governing overtime pay under the FLSA also provide that FLSA covered employees are entitled to “[t]he straight time rate of pay times all overtime hours worked” plus “[o]ne-half times the employee’s hourly regular rate of pay times…”
Lepore v. Opm (Fed. Cir. 2019). “§§ 5545 (c)(2), 8331(3)(D); 5 C.F.R. § 550.141 (providing authorization of premium pay on an annual basis).”
Miller v. United States (Fed. Cl. 2015). “§ 5545 (c)(1); 5 C.F.R. §§ 550.141 , 550.143. Plaintiff argues that her residence is her duty station and the government asserts that her duty station is the hospital.”
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