(a) An agency shall compensate an employee who is not exempt under subpart B of this part for all hours of work in excess of 8 in a day or 40 in a workweek at a rate equal to one and one-half times the employee's hourly regular rate of pay, except that an employee shall not receive overtime compensation under this part—
(1) On the basis of periods of duty in excess of 8 hours in a day when the employee receives compensation for that duty under 5 U.S.C. 5545(c)(1) or (2) or 5545b;
(2) On the basis of hours of work in excess of 8 hours in a day that are not overtime hours of work under § 410.402 of this chapter, part 532 of this chapter and 5 U.S.C. 5544, or part 550 of this chapter;
(3) On the basis of hours of work in excess of 8 hours in a day for an employee covered by 5 U.S.C. 5544 for any hours in a standby or on-call status or while sleeping or eating;
(4) On the basis of hours of work in excess of 8 hours in a day for an individual who is not an employee, as defined in 5 U.S.C. 5541(2), for purposes of 5 U.S.C. 5542, 5543, and 5544;
(5) On the basis of hours of work in excess of 40 hours in a workweek for an employee engaged in fire protection or law enforcement activities when the employee is receiving compensation under 5 U.S.C. 5545(c)(1) or (2) or 5545b, or is not an employee (as defined in 5 U.S.C. 5541(2)) for the purposes of 5 U.S.C. 5542, 5543, and 5544;
(6) For hours of work that are not “overtime hours,” as defined in 5 U.S.C. 6121, for employees under flexible or compressed work schedules;
(7) For hours of work compensated by compensatory time off under § 551.531 of this part; and
(8) For fractional hours of work, except as provided in § 551.521 of this part.
(b) An employee's “workweek” is a fixed and recurring period of 168 hours—seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of a day. For employees subject to part 610 of this chapter, the workweek shall be the same as the administrative workweek defined in § 610.102 of this chapter.
(c) In this subpart, “irregular or occasional overtime work” is overtime work that is not scheduled in advance of the employee's workweek.
(d) The maximum earnings limitations described in §§ 550.105, 550.106, and 550.107 of this chapter do not apply to overtime pay due the employee under this subpart.
[45 FR 85665, Dec. 30, 1980, as amended at 56 FR 11060, Mar. 15, 1991; 56 FR 20343, May 3, 1991; 57 FR 59279, Dec. 15, 1992; 63 FR 64594, Nov. 23, 1998; 64 FR 69180, Dec. 10, 1999]
Notes of Decisions
Cited in
28
cases (
8 in the last 5 years), 1983–2026 · leading case:
Abbey v. United States, 99 Fed. Cl. 430 (Fed. Cl. 2011).
Abbey v. United States, 99 Fed. Cl. 430 (Fed. Cl. 2011).
· cites it 4× “Similarly, 5 C.F.R. § 551.501 , which “supplements and interprets FLSA as it applies to federal employees,” Brooks v.”
Abbey v. United States, 82 Fed. Cl. 722 (Fed. Cl. 2008).
· cites it 4× “501 provides that “[a]n agency shall compensate an employee who is not exempt under subpart B of this part for all hours of work in excess of 8 in a day or 40 in a workweek at a rate equal to one and one-half times the employee’s hourly regular rate of pay____” 5 C.F.R. §…”
Martin v. United States, 117 Fed. Cl. 611 (Fed. Cl. 2014).
· cites it 3× “§ 207 (a); see also 5 C.F.R. § 551.501 (“An agency shall compensate an *617 employee who is not exempt .”
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
· cites it 2× “Under 5 C.F.R. § 551.501 (a) (2000), “[a]n agency shall compensate [a nonexempt] employee .”
Martin v. United States, 130 Fed. Cl. 578 (Fed. Cl. 2017).
“for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Abbey v. United States, 106 Fed. Cl. 254 (Fed. Cl. 2012).
· cites it 2× “Similarly, 5 C.F.R. § 551.501 , which “supplements and interprets FLSA as it applies to federal employees,” Brooks v.”
Adams v. United States, 48 Fed. Cl. 602 (Fed. Cl. 2001).
· cites it 2× “Under this formula, for every AUO hour worked, plaintiffs are remunerated at one half their regular rate of pay, 8 5 C.F.R. § 551.501 (a)(1) (2000), while for every regularly scheduled overtime hour worked, plaintiffs are paid at their straight rate of pay plus one half their…”
Doe v. United States, 513 F.3d 1348 (Fed. Cir. 2008).
“§§ 6121(4), 6123(b); 5 C.F.R. § 551.501 (a)(6). Furthermore, 5 U.”
Christofferson v. United States, 64 Fed. Cl. 316 (Fed. Cl. 2005).
“4 Pursuant to the new language of § 5542(c), OPM drafted 5 C.F.R. § 551.501 (2002), which is central to the parties’ dispute.”
Alamo v. United States, 850 F.3d 1349 (Fed. Cir. 2017).
· cites it 2× “5 C.F.R. § 551.501 (a); see also 29 U.S.C.”
Doe v. United States, 74 Fed. Cl. 592 (Fed. Cl. 2007).
· cites it 4× “” 5 C.F.R. § 551.501 (c). Thus, to the extent Plaintiffs worked overtime on an irregular or occasional basis, FEPCA would permit them to receive comp time on an hour-for-hour basis without violating the FLSA.”
Brooks v. Weinberger, 730 F. Supp. 1132 (D.D.C. 1989).
· cites it 2× “To explain this, the court notes that 5 C.F.R. § 551.501 (a) restates for federal employees the general rule established in FLSA § 7(a).”
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