In this subpart:
Administrative workweek means any period of 7 consecutive 24-hour periods designated in advance by the head of the agency under section 6101 of title 5, United States Code.
Agency means an Executive agency and a military department as defined by sections 105 and 102 of title 5, United States Code.
Basic workweek, for full-time employees, means the 40-hour workweek established in accordance with § 610.111.
Employee means an employee of an agency to whom this subpart applies.
Head of agency means the head of an agency or an official who has been delegated the authority to act for the head of the agency in the matter concerned.
Regularly scheduled administrative workweek, for a full-time employee, means the period within an administrative workweek, established in accordance with § 610.111, within which the employee is regularly scheduled to work. For a part-time employee, it means the officially prescribed days and hours within an administrative workweek during which the employee is regularly scheduled to work.
Regularly scheduled work means work that is scheduled in advance of an administrative workweek under an agency's procedures for establishing workweeks in accordance with § 610.111.
Tour of duty means the hours of a day (a daily tour of duty) and the days of an administrative workweek (a weekly tour of duty) that constitute an employee's regularly scheduled administrative workweek.
(5 U.S.C. 5548 and 6101(c))
[33 FR 12474, Sept. 4, 1968, as amended at 48 FR 3934, Jan. 28, 1983; 60 FR 67287, Dec. 29, 1995; 64 FR 69182, Dec. 10, 1999]
Notes of Decisions
Cited in
14
cases (
3 in the last 5 years), 1973–2023 · leading case:
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
· cites it 4× “Part 610, in turn, defines “regularly scheduled administrative work week” at 5 C.F.R. § 610.102 (2000) as “the period within an administrative workweek, [defined in the same section as “any period of 7 consecutive 24-hour periods designated in advance by the head of the…”
Moreno v. United States, 88 Fed. Cl. 266 (Fed. Cl. 2009).
· cites it 2× “Part 610, in turn, defines “regularly scheduled administrative workweek” at 5 C.F.R. § 610.102 (2000) as “the period within an administrative workweek, [defined in the same section as ‘any period of 7 consecutive 24-hour periods designated in advance by the head of the agency”],…”
Eugene Scalia v. State of Alaska, 985 F.3d 742 (9th Cir. 2021).
· cites it 2× “” 5 C.F.R. § 610.102 (a) (1993). That definition, of course, is “essentially equivalent” to the regulatory definition of the term “workweek” under the FLSA.”
Yanko v. United States, 127 Fed. Cl. 682 (Fed. Cl. 2016).
“103 (Premium Pay Definitions); 5 C.F.R. § 610.102 (Weekly and Daily Scheduling of Work Definitions); 5 C.”
Bennett v. United States, 4 Cl. Ct. 330 (Ct. Cl. 1984).
“29 “Regularly scheduled administrative workweek” and “basic workweek” are defined terms in 5 C.F.R. §§ 610.102 (b) and (c). The “administrative workweek” for deputy marshals in the D.”
Armitage v. United States, 23 Cl. Ct. 483 (Ct. Cl. 1991).
““Regularly scheduled” overtime is part of the employee’s “regularly scheduled administrative workweek,” but is outside of the employee’s "basic administrative workweek" as defined in 5 C.F.R. § 610.102 (c). Overtime hours, scheduled in advance of the workweek within which the…”
Acuna v. United States, 202 Ct. Cl. 206 (Ct. Cl. 1973).
“] With respect to the establishment of an administrative workweek, 5 C.F.R. § 610.102 (a) and (b) (1970) state: (a) “Administrative workweek” means a period of 7 consecutive calendar days designated in advance by the head of an agency under section 6101 of title 5, United States…”
Alozie v. United States, 106 Fed. Cl. 765 (Fed. Cl. 2012).
“5 C.F.R. § 610.102 . This regulation requires proof that the supervisor responsible for scheduling the employee’s workweek had actual knowledge of the need for the employee to work overtime before the beginning of the workweek.”
Presser v. United States, 15 Cl. Ct. 672 (Ct. Cl. 1988).
“5 CFR 610.102(a). Under 5 U.S.C. § 5542 (1976), overtime work means each hour of work in excess of 8 hours in a day or in excess of 40 hours in an administrative workweek.”
Allensworth v. United States, 122 Fed. Cl. 45 (Fed. Cl. 2015).
“5 C.F.R. § 610.102 . Mai'ina Medina, the Associate Warden who *53 signed the MOU with the Union representative, is a supervisor delegated the power to schedule the correctional officers’ overtime.”
— 5 C.F.R. § 610.102(a) — 1 case
Presser v. United States, 15 Cl. Ct. 672 (Ct. Cl. 1988).
“5 CFR 610.102(a). Under 5 U.S.C. § 5542 (1976), overtime work means each hour of work in excess of 8 hours in a day or in excess of 40 hours in an administrative workweek.”
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