5 U.S.C. § 6128

Compressed schedules; computation of premium pay

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(a) The provisions of sections 5542(a) and 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule.(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.(c) Notwithstanding section 5544(a) or 5546(a) of this title, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee’s basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate.(d) Notwithstanding section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee’s basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of this title, as applicable, or the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 207) whichever provisions are more beneficial to the employee.(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 230; amended Pub. L. 102–40, title IV, § 403(c)(3), May 7, 1991, 105 Stat. 240; Pub. L. 102–378, § 2(44)(E), Oct. 2, 1992, 106 Stat. 1352.)Editorial NotesAmendments

1992—Subsec. (a). Pub. L. 102–378, § 2(44)(E)(i), substituted “5542(a) and 5544(a)” for “5542(a), 5544(a), and 5550(2)”.

Subsec. (c). Pub. L. 102–378, § 2(44)(E)(ii), substituted “5544(a) or 5546(a)” for “5544(a), 5546(a), or 5550(1)”.

1991—Subsec. (a). Pub. L. 102–40 substituted “section 7453(e)” for “section 4107(e)(5)”.

Notes of Decisions

Cited in 5 cases, 1988–2015 · leading case: Worthington v. United States, 50 Fed. Cl. 712 (Fed. Cl. 2001).

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Worthington v. United States, 50 Fed. Cl. 712 (Fed. Cl. 2001). “2001) that premium pay will apply to overtime after eight hours per day, 5 U.S.C. § 6128 (1988 & Supp.2001) states that no such premium pay for overtime work shall apply “to hours which constitute a compressed work schedule.”

Aletta v. United States, 70 Fed. Cl. 600 (Fed. Cl. 2006). “” • In 5 U.S.C. § 6128 , “Compressed schedules; computation of premium pay,” the statute provides that “[t]he provisions of sections 5542(a) and 5544(a) of this title .”

Blair v. United States, 15 Cl. Ct. 763 (Ct. Cl. 1988). “Moreover, these compressed schedules have not abolished overtime rights, but have provided alternative means for determining entitlement to such rights, consistent with a compressed work schedule. See H.R.REP. No. 912, 95th Cong., 2d Sess.”

Smart v. United States, 85 Fed. Cl. 609 (Fed. Cl. 2009). “” 5 U.S.C. § 6128 . Plaintiff argues that the Air Force improperly imposed his unit’s compressed work schedule because it did not hold a unit vote pursuant to 5 U.”

Alamo v. United States, 122 Fed. Cl. 638 (Fed. Cl. 2015). “…of the compressed schedule shall be overtime hours and shall be paid for as provided [by the FLSA and Title V].” 5 U.S.C. § 6128 (b).”

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