(a) Time spent in training, whether or not it is under the purview of part 410 of this chapter, shall be administered as follows:
(1) Time spent in training during regular working hours shall be considered hours of work.
(2) Time spent in training outside regular working hours shall be considered hours of work if:
(i) The employee is directed to participate in the training by his or her employing agency; and
(ii) The purpose of the training is to improve the employee's performance of the duties and responsibilities of his or her current position.
(3) Time spent in apprenticeship or other entry level training, or internship or other career related work study training, or training under the Veterans Recruitment Act (5 CFR part 307) outside regular working hours shall not be considered hours of work, provided no productive work is performed during such periods, except as provided by § 410.402(b) of this chapter and paragraphs (f) and (g) of § 551.401.
(4) Time spent by an employee performing work for the agency during a period of training shall be considered hours of work.
(b) The following phrases contained in paragraph (a) of this section, are further clarified:
(1) Directed to participate means that the training is required by the agency and the employee's performance or continued retention in his or her current position will be adversely affected by nonenrollment in such training. The fact that an agency pays for all or part of the expenses of training does not create an entitlement to overtime hours of work unless participation in the training is directed by the agency.
(2) Training “to improve the employee's performance * * * of his or her current position” is distinguished from upward mobility training or developmental training to provide an employee the knowledge or skills needed for a subsequent position in the same career field.
(c) Time spent by an employee within an agency's allowance of preparatory time for attendance at training shall be considered hours of work if such preparatory time is:
(1) During an employee's regular working hours; or
(2) Outside the employee's regular working hours, and the purpose of the training meets the requirements of paragraph (a)(2) of this section.
(d) Time spent attending a lecture, meeting, or conference shall be considered hours of work if attendance is:
(1) During an employee's regular working hours; or
(2) Outside an employee's regular working hours, and
(i) The employee is directed by an agency to attend such an event; or
(ii) The employee performs work for the benefit of the agency during such attendance.
[45 FR 85664, Dec. 30, 1980, as amended at 64 FR 69180, Dec. 10, 1999; 70 FR 72068, Dec. 1, 2005]
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 2005–2025 · leading case:
Almanza v. United States, 935 F.3d 1332 (Fed. Cir. 2019).
Almanza v. United States, 935 F.3d 1332 (Fed. Cir. 2019).
· cites it 18× “Students were not compensated for any off-hours time spent studying or completing green sheets and white sheets ("off-hours activities").”
Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005).
· cites it 10× “5 C.F.R. § 551.423 (a)(2). 43 An employee is “directed to participate” if “the training is required by the agency and the employee’s performance or continued retention in his or her current position will be adversely affected by nonenrollment in such training.”
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
· cites it 9× “Draper”), OPM determined based on 5 C.F.R. § 551.423 (a)(3) (2000), which provides that “[t]ime spent in apprenticeship or other entry level training .”
Almanza v. United States, 127 Fed. Cl. 521 (Fed. Cl. 2016).
· cites it 8× “The issue before the Court is a purely legal one: whether the time that the plaintiff Border Patrol Agents claim that they spent studying while attending the DCIC constitutes “hours of work” for purposes of the FLSA To decide that question, the Court must first determine whether…”
Moreno v. United States, 88 Fed. Cl. 266 (Fed. Cl. 2009).
· cites it 7× “Under 5 C.F.R. § 551.423 (a)(1) (2000), “[tjime spent in training during regular working hours shall be considered hours of work.”
Stevens v. Holder, 966 F. Supp. 2d 622 (E.D. Va. 2013).
· cites it 5× “” 5 C.F.R. § 551.423 (a)(3). Regulations implementing the FLSA define “regular working hours” as “the days and hours of an employee’s regularly scheduled administrative workweek.”
Doe No. 1 v. United States, 129 F.4th 1362 (Fed. Cir. 2025).
· cites it 17× “The government appeals an order from the United States Court of Federal Claims denying its motion for sum- mary judgment and holding the United States Office of Personnel Management (OPM) regulation 5 C.F.R. § 551.423 (a)(3) invalid. We vacate and remand.”
1 v. United States (Fed. Cl. 2021).
· cites it 19× “27 , and by the Office of Personnel Management (“OPM”), see 5 C.F.R. § 551.423 (a)(2). See Am. Compl.”
Doe No. 1 v. United States (Fed. Cl. 2022).
· cites it 6× “Defendant moved to dismiss on the ground that BFTC participants are entry- level trainees and therefore ineligible for the overtime compensation under 5 C.F.R. § 551.423 (a)(3). See Motion to Dismiss (ECF 23).”
— 5 C.F.R. § 551.423(a)(1) — 2 cases
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
“Draper”), OPM determined based on 5 C.F.R. § 551.423 (a)(3) (2000), which provides that “[t]ime spent in apprenticeship or other entry level training .”
Moreno v. United States, 88 Fed. Cl. 266 (Fed. Cl. 2009).
“Under 5 C.F.R. § 551.423 (a)(1) (2000), “[tjime spent in training during regular working hours shall be considered hours of work.”
— 5 C.F.R. § 551.423(a)(2) — 1 case
Almanza v. United States, 935 F.3d 1332 (Fed. Cir. 2019).
“Students were not compensated for any off-hours time spent studying or completing green sheets and white sheets ("off-hours activities").”
— 5 C.F.R. § 551.423(a)(3) — 2 cases
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
“Draper”), OPM determined based on 5 C.F.R. § 551.423 (a)(3) (2000), which provides that “[t]ime spent in apprenticeship or other entry level training .”
Moreno v. United States, 88 Fed. Cl. 266 (Fed. Cl. 2009).
“Under 5 C.F.R. § 551.423 (a)(1) (2000), “[tjime spent in training during regular working hours shall be considered hours of work.”
— 5 C.F.R. § 551.423(a)(4) — 1 case
Almanza v. United States, 935 F.3d 1332 (Fed. Cir. 2019).
“Students were not compensated for any off-hours time spent studying or completing green sheets and white sheets ("off-hours activities").”
— 5 C.F.R. § 551.423(d) — 1 case
Almanza v. United States, 935 F.3d 1332 (Fed. Cir. 2019).
“Students were not compensated for any off-hours time spent studying or completing green sheets and white sheets ("off-hours activities").”
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