U.S. Code
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Title 5
» Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 55— PAY ADMINISTRATION › Subchapter SUBCHAPTER V— PREMIUM PAY
5 U.S.C. § 5549
Effect on other statutes
This subchapter does not prevent payment for overtime services or for Sunday or holiday work under any of the following statutes—(1) section 10703 of the Farm Security and Rural Investment Act of 2002;(2) sections 1353a and 1353b of title 8;(3) sections 261,11 See References in Text note below. 267, 1450, 1451, 1451a,1 and 1452 of title 19;(4) sections 2111 and 2112 of title 46; and(5)section 154(f)(3) of title 47.However, an employee may not receive premium pay under this subchapter for the same services for which he is paid under one of these statutes.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 98–89, § 3(a), Aug. 26, 1983, 97 Stat. 599; Pub. L. 107–171, title X, § 10703(c)(4), May 13, 2002, 116 Stat. 518.)In paragraph (2), the words “sections 1353a and 1353b of title 8” are substituted for “sections 342c and 342d of this title” to reflect the scheduled transfer of those sections to title 8.
In paragraph (5), the words “section 154(f)(3) of title 47” are substituted for “section 154(f)(2) of title 47” on authority of the Act of July 16, 1952, ch. 879, § 3(b), 66 Stat. 711, which redesignated subsection (f)(2) as (f)(3).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial NotesReferences in TextSection 10703 of the Farm Security and Rural Investment Act of 2002, referred to in par. (1), is section 10703 of Pub. L. 107–171, which enacted section 2219a of Title 7, Agriculture, amended this section and sections 468 and 695 of Title 21, Food and Drugs, and repealed section 394 of Title 7.
Section 261 of title 19, referred to in par. (3), was omitted from the Code in the general revision of section 5 of act Feb. 13, 1911, ch. 46, by Pub. L. 103–66, title XIII, § 13811(a), Aug. 10, 1993, 107 Stat. 668.
Section 1451a of title 19, referred to in par. (3), was repealed by Pub. L. 103–66, title XIII, § 13811(b)(1), Aug. 10, 1993, 107 Stat. 670.
Amendments2002—Par. (1). Pub. L. 107–171 added par. (1) and struck out former par. (1) which read as follows: “section 394 of title 7;”.
1983—Par. (4). Pub. L. 98–89 substituted “sections 2111 and 2112 of title 46” for “section 382b of title 46”.
Notes of Decisions
Alexander v. United States, 28 Fed. Cl. 475 (Fed. Cl. 1993).
“5 U.S.C. § 5549 . II. STANDARD OF REVIEW Summary judgment shall be rendered if the pleadings and other matters submitted “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
Bowser v. United States, 215 Ct. Cl. 168 (Ct. Cl. 1977).
“***** 5 U.S.C. § 5549 (1970), provides in pertinent part: § 5549.”
Acuna v. United States, 202 Ct. Cl. 206 (Ct. Cl. 1973).
“302 , as amended, 5 U.S.C. § 5549 (1970) provides as follows: “§ 5549.”
Alexander v. United States, 32 F.3d 1571 (Fed. Cir. 1994).
“5 U.S.C. § 5549 (1988). 3. FLSA The FLSA provides that nonexempt federal employees (which includes appellants) are guaranteed a basic overtime entitlement of one and one-half times their regular rate: Except as otherwise provided in this section, no employer shall employ any of…”
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