(a) All time spent by an employee performing an activity for the benefit of an agency and under the control or direction of the agency is “hours of work.” Such time includes:
(1) Time during which an employee is required to be on duty;
(2) Time during which an employee is suffered or permitted to work; and
(3) Waiting time or idle time which is under the control of an agency and which is for the benefit of an agency.
(b) For an employee, as defined in 5 U.S.C. 5541(2), hours in a paid nonwork status (e.g., paid leave, holidays, compensatory time off, or excused absences) are “hours of work” under this part.
(c) Hours in an unpaid nonwork status (e.g., leave without pay, furlough, absence without leave) are not “hours of work” under this part.
(d) Time that is considered hours of work under this part shall be used only to determine an employee's entitlement to minimum wages or overtime pay under the Act, and shall not be used to determine hours of work for pay administration under title 5, United States Code, or any other authority.
(e) Irregular or occasional overtime work performed by an employee on a day on which work was not scheduled for that employee or for which the employee is required to return to his or her place of employment is deemed at least 2 hours in duration for the purpose of determining whether the employee may be entitled to overtime pay under this part, either in money or compensatory time off.
(f) For the purpose of determining hours of work in excess of 8 hours in a day under this part, agencies shall credit hours of work under § 410.402 of this chapter, part 532 of this chapter and 5 U.S.C. 5544, and part 550 of this chapter, as applicable.
(g) For the purpose of determining hours of work in excess of 40 hours in a week or in excess of another applicable overtime work standard under section 7(k) of the Fair Labor Standards Act, agencies shall credit hours of work under § 410.402 of this chapter, part 532 of this chapter and 5 U.S.C. 5544, and part 550 of this chapter, as applicable, that will not be compensated as hours of work in excess of 8 hours in a day, as well as any additional hours of work under this part.
(h) For the purpose of determining overtime pay for work in excess of 40 hours in a workweek under this part, time spent in a travel status is hours of work as provided in § 551.422 of this part and § 550.112(g) of this chapter or 5 U.S.C. 5544, as applicable.
[45 FR 85664, Dec. 30, 1980, as amended at 52 FR 47687, Dec. 16, 1987, and 53 FR 27147, July 19, 1988; 56 FR 20343, May 3, 1991; 57 FR 59279, Dec. 15, 1992; 64 FR 69180, Dec. 10, 1999]
Notes of Decisions
Cited in
47
cases (
8 in the last 5 years), 1985–2023 · leading case:
Crusan v. United States, 86 Fed. Cl. 415 (Fed. Cl. 2009).
Crusan v. United States, 86 Fed. Cl. 415 (Fed. Cl. 2009).
· cites it 5× “’” The plaintiffs argue that “5 C.F.R. § 551.401 [ 10 ] of these longstanding OPM [Office of Personnel Management] Regulations, ‘Hours of Work’ ” entitle the plaintiffs to compensation for their driving time, despite the holdings in Bobo and Adams that time solely spent driving…”
Easter v. United States, 83 Fed. Cl. 236 (Fed. Cl. 2008).
· cites it 3× “” 5 C.F.R. § 551.401 (a) (1997). However, the Portal-to-Portal Act, which amended the FLSA creates an exception to this general rule Bobo, 136 F.”
Hickman v. United States, 43 Fed. Cl. 424 (Fed. Cl. 1999).
· cites it 4× “” Such time includes: (1) time during which an employee is required to be on duty; (2) time during which an employ *443 ee is suffered or permitted to work; and (3) waiting time or idle time which is under the control of an agency and which is for the benefit of an agency.”
Forbes v. United States, 84 Fed. Cl. 319 (Fed. Cl. 2008).
· cites it 3× “’ ” 5 C.F.R. § 551.401 (a) (emphasis added). By this regulation, OPM defines “hours of work” to include: “(1) Time during which an employee is required to be on duty; (2) Time during which an employee is suffered or permitted to work; and *323 (3) Waiting time or idle time which…”
Garner v. United States, 85 Fed. Cl. 756 (Fed. Cl. 2009).
· cites it 3× “” 5 C.F.R. § 551.401 (a) (1997). However, the Portal-to-Portal Act, which amended the FLSA, creates an exception to this general ride Bobo, 136 F.”
Adams v. United States, 65 Fed. Cl. 217 (Fed. Cl. 2005).
· cites it 2× “Under FLSA, the federal government merely has to permit or suffer a federal employee to work overtime — no specific overtime authorization is needed for the extra hours to be compensable.”
Bobo v. United States, 37 Fed. Cl. 690 (Fed. Cl. 1997).
· cites it 3× “112 (g) and two similar travel time regulations, 5 C.F.R. §§ 551.401 and 551.422(a)(2), by concluding that they are "modified" by 5 C.”
Bridges v. United States, 54 F.4th 703 (Fed. Cir. 2022).
· cites it 5× “21, 37 (2005); or (III) other “hours of work,” see 5 C.F.R. §§ 551.401 (a), 551.412(a), 551.”
Bull v. United States, 65 Fed. Cl. 407 (Fed. Cl. 2005).
· cites it 4× “at 6-7 (citing 5 C.F.R. § 551.401 (a)(2) (2005)) (footnote and footnote number altered).”
Easter v. United States, 575 F.3d 1332 (Fed. Cir. 2009).
“” 5 C.F.R. § 551.401 (a). The court explained, however, that the general rule captured by that regulation is subject to the Portal-to-Portal Act, which amended the FLSA, and which provides that compensation need not be provided for time spent traveling to and from the employee’s…”
Abbey v. United States, 106 Fed. Cl. 254 (Fed. Cl. 2012).
· cites it 2× “overtime pay,” 5 C.F.R. § 551.401 (d), include “[a]ll time spent by an employee performing an activity for the benefit of an agency and under the control or direction of the agency,” id.”
Morgan v. United States, 84 Fed. Cl. 391 (Fed. Cl. 2008).
· cites it 3× “5 C.F.R. §§ 551.401 (a), .422(a), (b) (“OPM Guidelines”).”
— 5 C.F.R. § 551.401(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.