(a)(1) An employee is on duty, and time spent on standby duty is hours of work if, for work-related reasons, the employee is restricted by official order to a designated post of duty and is assigned to be in a state of readiness to perform work with limitations on the employee's activities so substantial that the employee cannot use the time effectively for his or her own purposes. A finding that an employee's activities are substantially limited may not be based on the fact that an employee is subject to restrictions necessary to ensure that the employee will be able to perform his or her duties and responsibilities, such as restrictions on alcohol consumption or use of certain medications.
(2) An employee is not considered restricted for “work-related reasons” if, for example, the employee remains at the post of duty voluntarily, or if the restriction is a natural result of geographic isolation or the fact that the employee resides on the agency's premises. For example, in the case of an employee assigned to work in a remote wildland area or on a ship, the fact that the employee has limited mobility when relieved from duty would not be a basis for finding that the employee is restricted for work-related reasons.
(b) An employee will be considered off duty and time spent in an on-call status shall not be considered hours of work if:
(1) The employee is allowed to leave a telephone number or to carry an electronic device for the purpose of being contacted, even though the employee is required to remain within a reasonable call-back radius; or
(2) The employee is allowed to make arrangements such that any work which may arise during the on-call period will be performed by another person.
[45 FR 85664, Dec. 30, 1980, as amended at 64 FR 69180, Dec. 10, 1999]
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1983–2025 · leading case:
Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005).
Bull v. United States, 68 Fed. Cl. 212 (Fed. Cl. 2005).
“5 C.F.R. § 551.431 (a)(1) provides: An employee is on duty, and time spent on standby duty is .”
Hickman v. United States, 43 Fed. Cl. 424 (Fed. Cl. 1999).
· cites it 2× “5 C.F.R. § 551.431 . Title 29 regulations state “An employee who is not required to remain on the employer’s premises but is merely required to leave word at his home or with company officials where he may be reached is not working while ‘on call.”
Allen v. United States, 1 Cl. Ct. 649 (Ct. Cl. 1983).
· cites it 2× ““(a) An employee will be considered on duty and time spent on standby duty shall be considered hours of work if: “(1) The employee is restricted to an agency’s premises, or so close thereto that the employee cannot use the time effectively for his or her own purposes; or “(2)…”
Sheets v. United States, 2 Cl. Ct. 101 (Ct. Cl. 1983).
· cites it 2× “Judge Harkins rejected the claims in part because under 5 C.F.R. §§ 551.431 (a)(1), (b)(1) (1981), implementing the Fair Labor Standards Act, 29 U.”
Berry v. Cnty. of Sonoma, 763 F. Supp. 1055 (N.D. Cal. 1991).
· cites it 2× “431 governs federal employees and is promulgated not by the Department of Labor, but by the Office of Personnel Management, pursuant to the Federal Employees Pay Act, 5 U.”
Cheung v. United States (Fed. Cl. 2021).
· cites it 47× “§ 5545 (c)(2) (2018); 5 C.F.R. § 551.431 (b) (2021). Plaintiffs’ complaint alleges two counts: (I) failure to pay FLSA overtime under section 7(k) of the FLSA, 29 U.”
Berry v. Sonoma Cnty., 791 F. Supp. 1395 (N.D. Cal. 1992).
· cites it 3× “Further guidance is set forth in 5 C.F.R. § 551.431 (1989) which states: *1400 (a) An employee will be considered on duty and time spent on standby duty shall be considered hours of work if: (1) The employee is restricted to an agency’s premises, or so close thereto that the…”
Clay v. City of Winona, Miss., 753 F. Supp. 624 (N.D. Miss. 1990).
“Further guidance is set forth in 5 C.F.R. § 551.431 (1989), which states: (a) An employee will be considered on duty and time spent on standby duty shall be considered hours of work if: (1) The employee is restricted to an agency’s premises, or so close thereto that the…”
Blanco v. United States, 433 F. Supp. 2d 190 (D.P.R. 2006).
“This, the Union believed, entitled its members to standby pay under 5 C.F.R. § 551.431 . Finding that the employees had been properly compensated for the time period in question, the Regional Director denied the grievance.”
Cheung v. United States (Fed. Cl. 2019).
· cites it 4× “5 C.F.R. § 551.431 (b)(1), (2) (2019). OPM also issued regulations defining what constitutes standby duty: 6 (1) An employee is on duty, and time spent on standby duty is hours of work if, for work-related reasons, the employee is restricted by official order to a designated…”
Blanco v. United States, 191 F. Supp. 2d 262 (D.P.R. 2002).
· cites it 3× “This, the Union believed, entitled its members to standby pay under 5 C.F.R. § 551.431 . Finding that the employees had been properly compensated for the time period in question, the Regional Director denied the grievance.”
— 5 C.F.R. § 551.431(a) — 1 case
Allen v. United States, 1 Cl. Ct. 649 (Ct. Cl. 1983).
““(a) An employee will be considered on duty and time spent on standby duty shall be considered hours of work if: “(1) The employee is restricted to an agency’s premises, or so close thereto that the employee cannot use the time effectively for his or her own purposes; or “(2)…”
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