U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart E— Attendance and Leave › Chapter CHAPTER 61— HOURS OF WORK › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

5 U.S.C. § 103

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar
(a) For purposes of determining compensation for overtime hours in the case of an employee participating in an experiment under section 102—“(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1), 5544(a), and 5550 of title 5, United States Code, section 4107(e)(5) of title 38, United States Code section 7 of the Fair Labor Standards Act, as amended [section 207 of Title 29, Labor], or any other provision of law; or“(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.“(b) Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such hours taken into account with respect to the employee’s basic work requirement.“(c)(1) Notwithstanding section 5545(a) of title 5, United States Code, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day from which such premium pay is otherwise authorized; except that—“(A) if an employee is on a flexible schedule under which—“(i) the number of hours during which such employee must be present for work, plus“(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and“(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.“(2) Notwithstanding section 5343(f) of title 5, United States Code, and 4107(e)(2) of title 38, United States Code, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized; except that such differential shall be paid to an employee on a flexible schedule under this title—“(A) in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any day fall between the hours specified in such section, or“(B) in the case of an employee subject to such section 4107(e)(2), for which 4 hours of such schedule fall between the hours specified in such section.
Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1964–2025 · leading case: Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022).
Sort: Relevance Newest Treatment
Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022). “A Government corporation, according to 5 U.S.C. § 103 , “means a corporation owned or controlled by the Government of the United States.”
Makky v. Chertoff, 489 F. Supp. 2d 421 (D.N.J. 2007). · cites it 2× “The TSA does not appear to fit within the definition of Government corporation as defined by 5 U.S.C. § 103 . Moreover, the Third Circuit has held that " 'Government corporation,’ defined by 5 U.”
Drg Funding Corp. v. Sec'y of Hous. & Urban Dev., 76 F.3d 1212 (D.C. Cir. 1996). “Not surprisingly, HUD is an executive department according to 5 U.”
United to Protect Democracy v. Presidential Advisory Comm'n on Election Integrity, 288 F. Supp. 3d 99 (D.C. Cir. 2017). “§ 102 , does not fall within the definitions of "Government corporation" or "Government controlled corporation" see 5 U.S.C. § 103 , and is not one of several enumerated "independent regulatory agenc[ies]," see 44 U.”
Sean T. Haddon v. Gary J. Walters, Chief Usher, 43 F.3d 1488 (D.C. Cir. 1995). “5 U.S.C. § 103 (1988). By process of elimination, section 2000e-16 applies to Mr.”
Michael R. McCauley v. Kenneth J. Thygerson, President, Fed. Home Loan Mortg. Corp., 732 F.2d 978 (D.C. Cir. 1984). “FHLMC is a “government corporation," 5 U.S.C. § 103 (1982), which id. § 105 defines as an "Executive agency” for federal employment purposes.”
Gilmore v. United States, 6 Cl. Ct. 323 (Ct. Cl. 1984). · cites it 2× “See also 5 U.S.C. §§ 103 and 104. In determining if USPS is an executive agency, these additional definitions must be considered.”
In Re Thomas, 84 B.R. 438 (Bankr. N.D. Tex. 1988). “These regulations were adopted pursuant to 5 U.S.C. § 103 which allows the head of each executive department to prescribe regulations for “the government of his department, the conduct of its employees, the distribution and performance of its business, the distribution and…”
Delano Farms Co. v. California Table Grape Comm'n, 546 F. Supp. 2d 859 (E.D. Cal. 2008). “A “ ‘government corporation’ means a corporation owned or controlled by the Government of the United States”, 5 U.S.C. § 103 (1), and “‘executive agency’ means .”
Johnston v. Horne, 875 F.2d 1415 (9th Cir. 1989). “5 U.S.C. § 103 . An independent establishment includes the General Accounting Office and an establishment in the executive branch that is not a military department.”
Dorsey v. Fed. Reserve Bank of St. Louis, 451 F. Supp. 683 (E.D. Mo. 1978). “" 5 U.S.C. § 103 . Finally, an independent establishment is "an establishment in the executive branch which is not an Executive department, military department, Government corporation, or part thereof .”
Katsiavelos v. Fed. Reserve Bank of Chicago, 859 F. Supp. 1183 (N.D. Ill. 1994). “” 5 U.S.C. § 103 . An independent establishment is defined as: “(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, Government corporation, or part…”
Show all 27 citing cases →
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.