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. § 551.411

Workday

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(a) For the purposes of this part, workday means the period between the commencement of the principal activities that an employee is engaged to perform on a given day, and the cessation of the principal activities for that day. All time spent by an employee in the performance of such activities is hours of work. The workday is not limited to a calendar day or any other 24-hour period.

(b) Any rest period authorized by an agency that does not exceed 20 minutes and that is within the workday shall be considered hours of work.

(c) Bona fide meal periods are not considered hours of work, except for on-duty meal periods for employees engaged in fire protection or law enforcement activities who receive compensation for overtime hours of work under 5 U.S.C. 5545(c)(1) or (2) or 5545b. However, for employees engaged in fire protection or law enforcement activities who have periods of duty of more than 24 hours, on-duty meal periods may be excluded from hours of work by agreement between the employer and the employee, except as provided in § 551.432(e) and (f).

[45 FR 85664, Dec. 30, 1980, as amended at 48 FR 36805, Aug. 15, 1983; 57 FR 59279, Dec. 15, 1992; 67 FR 15467, Apr. 2, 2002]
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1990–2026 · leading case: Riggs v. United States, 21 Cl. Ct. 664 (Ct. Cl. 1990).
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United States Dep't of the Air Force v. Fed. Labor Relations Auth., 952 F.2d 446 (D.C. Cir. 1992). · cites it 2× “5 C.F.R. § 551.411 (a) (1990). . Thus the Authority’s interpretation of the OPM regulation is compromised by its concession that the nearly identical rule promulgated under the FEPA, see 5 C.”
Riggs v. United States, 21 Cl. Ct. 664 (Ct. Cl. 1990). · cites it 2× “For example, 5 C.F.R. § 551.411 provides that “All time spent by an employee in the performance of [principal] activities is hours of work.”
Ketchum v. City of Vallejo, 523 F. Supp. 2d 1150 (E.D. Cal. 2007). “6 (b); see 5 C.F.R. § 551.411 (a) (“workday” is defined as “the period between the commencement of the principal activities that an employee is engaged to perform on a given day, and the cessation of the principal activities for that day.”
Bridges v. United States, 54 F.4th 703 (Fed. Cir. 2022). “5 C.F.R. § 551.411 (a) (defining “workday” as “the period between the commencement of the principal activities that an employee is engaged to perform on a given day[] and the cessation of the principal activities for that day” where a “workday is not limited to a calendar day or…”
Hennessey v. United States Dep't of Def., 46 F.3d 356 (4th Cir. 1995). · cites it 3× “The employees maintain that the meal period is not “bona fide” within the meaning of the applicable federal regulations, see 5 C.F.R. § 551.411 (c), in which case they are entitled to additional remuneration.”
Bridges v. United States (Fed. Cl. 2021). · cites it 4× “6 That reading tallies with the underlying OPM definition of “workday,” which provides that an employee’s “hours of work” include “[a]ll time spent by an employee in the performance of [principal] activities,” 5 C.F.R. § 551.411 (a), and thus impliedly exclude other kinds of…”
Stroup v. United States (Fed. Cl. 2026). · cites it 2× “§ 254 (a); then citing 5 C.F.R. § 551.411 (a); and then citing Alvarez, 546 U.”
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