C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 551—PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT › Subpart D—Hours of Work

5 C.F.R. § 551.402

Agency responsibility

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(a) An agency is responsible for exercising appropriate controls to assure that only that work for which it intends to make payment is performed.

(b) An agency shall keep complete and accurate records of all hours worked by its employees.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2005–2021 · leading case: Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005).
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Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005). · cites it 3× “, 5 C.F.R. § 551.402 (a); 29 C.F.R. § 785.13 (2005); accord Mt.”
Bull v. United States, 65 Fed. Cl. 407 (Fed. Cl. 2005). · cites it 5× “(quoting 5 C.F.R. § 551.402 (a) (OPM regulation addressing the responsibility of an employer-agency in connection with FLSA and placing on the agency the responsibility “for exercising appropriate controls to assure that only that work for which it intends to make payment is…”
Abbey v. United States, 82 Fed. Cl. 722 (Fed. Cl. 2008). · cites it 2× “” 5 C.F.R. § 551.402 (a) (2006). Furthermore, under Department of Labor regulations: In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed.”
Abbey v. United States, 99 Fed. Cl. 430 (Fed. Cl. 2011). “” 5 C.F.R. § 551.402 (a). 2. The Work Must be Actually Compen-sable Plaintiffs must also establish that the hours of work performed are not de minimis, Bull, 68 Fed.”
McClendon v. United States, 127 Fed. Cl. 654 (Fed. Cl. 2016). “, 5 C.F.R. § 551.402 (a). Second, plaintiffs must establish that the hours of work performed are actually, rather than theoretically, compensable.”
Abou-El-Seoud v. United States (Fed. Cl. 2018). “104 ); and (3) controlled or required by the employer ( 5 C.F.R. § 551.402 (a)). In this case, the Army Corps’ overtime policy requires an employee to request overtime, either in advance or within a reasonable time after working the purported overtime hours.”
1 v. United States (Fed. Cl. 2021). “5 C.F.R. § 551.402 (a); see also Bull, 68 Fed.”
Cheung v. United States (Fed. Cl. 2021). “” 5 C.F.R. § 551.402 (b) (2021). When an employer fails to keep proper records of time worked, the United States Supreme Court has stated: where the employer’s records are inaccurate or inadequate and the employee cannot offer convincing substitutes a more difficult problem…”
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