(a) The head of each agency, with respect to each full-time employee to whom this subpart applies, shall establish by a written agency policy statement:
(1) A basic workweek of 40 hours which does not extend over more than 6 of any 7 consecutive days. Except as provided in paragraphs (b), (c), and (d) of this section, the written agency policy statement shall specify the days and hours within the administrative workweek that constitute the basic workweek.
(2) A regularly scheduled administrative workweek that consists of the 40-hour basic workweek established in accordance with paragraph (a)(1) of this section, plus the period of regular overtime work, if any, required of each employee. Except as provided in paragraphs (b), (c), and (d) of this section, the written agency policy statement, for purposes of leave and overtime pay administration, shall specify by days and hours of each day the periods included in the regularly scheduled administrative workweek that do not constitute a part of the basic workweek.
(b) When it is impracticable to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled administrative workweek, the head of an agency may establish the first 40 hours of duty performed within a period of not more than 6 days of the administrative workweek as the basic workweek. A first 40-hour tour of duty is the basic workweek without the requirement for specific days and hours within the administrative workweek. All work performed by an employee within the first 40 hours is considered regularly scheduled work for premium pay and hours of duty purposes. Any additional hours of officially ordered or approved work within the administrative workweek are overtime work.
(c) (1) When an employee is paid additional pay under section 5545(c)(1) of title 5, United States Code, his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week.
(2) When an employee has a tour of duty which includes a period during which he remains at or within the confines of his station in a standby status rather than performing actual work his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week, including time in a standby status except that allowed for sleep and meals by a written agency policy statement.
(d) When the head of an agency establishes a flexible or compressed work schedule under section 6122 or section 6127 of title 5, United States Code, he or she shall establish a basic work requirement for each employee as defined in section 6121 of title 5, United States Code. A flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirement is considered regularly scheduled work for premium pay and hours of duty purposes.
(5 U.S.C. 5548 and 6101(c))
[33 FR 12474, Sept. 4, 1968, as amended at 48 FR 3934, Jan. 28, 1983; 48 FR 44060, Sept. 27, 1983; 64 FR 69182, Dec. 10, 1999]
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1973–2024 · leading case:
Edna Doak v. Jeh Johnson, 798 F.3d 1096 (D.C. Cir. 2015).
Edna Doak v. Jeh Johnson, 798 F.3d 1096 (D.C. Cir. 2015).
“§ 12111 (9)(B), and the federal government’s own personnel regulations permit agencies to establish work schedules that are compressed or have substantial flexibility in their hours, 5 C.F.R. § 610.111 (d). Doak’s claim fails nevertheless because, even with her desired schedule…”
Bruce Sanford v. Caspar Weinberger, Dean K. Adams v. United States, 752 F.2d 636 (Fed. Cir. 1985).
· cites it 8× “The district court also cited 5 C.F.R. § 610.111 (b), which read, at times pertinent to this litigation, as follows: (b) When it is impracticable to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled administrative workweek, the head…”
Moreno v. United States, 82 Fed. Cl. 387 (Fed. Cl. 2008).
“” In addition, 5 C.F.R. § 610.111 (a)(2) (2000) requires that “[t]he head of each agency .”
United States v. Ransom, 642 F.3d 1285 (10th Cir. 2011).
“But 5 C.F.R. §§ 610.111 and 610.121 provide heads of agencies with the legal authority to establish such work schedule boundaries.”
Aletta v. United States, 70 Fed. Cl. 600 (Fed. Cl. 2006).
· cites it 2× “In 5 C.F.R. § 610.111 (d) (2005), the regulation states in pertinent part that a “flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirement is considered regularly scheduled work for premium pay and…”
Buchan v. United States, 31 Fed. Cl. 496 (Fed. Cl. 1994).
· cites it 2× “means the period within the administrative workweek, established in accordance with 5 C.F.R. § 610.111 of this chapter, within which the employee is regularly scheduled to work.”
Moreno v. United States, 88 Fed. Cl. 266 (Fed. Cl. 2009).
“In addition, 5 C.F.R. § 610.111 (a)(2) (2000) requires that “[t]he head of each agency .”
Stevens v. Holder, 966 F. Supp. 2d 622 (E.D. Va. 2013).
“” 5 C.F.R. § 610.111 (a)(2) (emphasis added).”
Presser v. United States, 15 Cl. Ct. 672 (Ct. Cl. 1988).
· cites it 7× “periods of not less than 1 week (B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; (C) the working hours in each day in the basic workweek are the same; (D) the basic nonovertime…”
Yanko v. United States, 127 Fed. Cl. 682 (Fed. Cl. 2016).
“…the basic work requirement is considered regularly scheduled work for premium pay and hours of duty purposes. *691 5 C.F.R. § 610.111 .”
Aldrich v. United States, 31 Fed. Cl. 554 (Fed. Cl. 1994).
“If FBI Headquarters did not have reason to know the extended hours, they could not schedule the overtime into the employee’s regular administrative workweek pursuant to 5 C.F.R. § 610.111 (a) *556 (1986). The burden of producing such evidence is on plaintiffs, and they have not…”
Gross v. United States, 128 Fed. Cl. 745 (Fed. Cl. 2016).
“Plaintiff argues that this established pattern qualifies both himself and the proposed class members as “regularly scheduled” and renders them eligible to receive Sunday premium pay.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.