Appendix 2. COMPENSABLE OVERTIME TRAVEL

Travel performed during overtime is compensable if it meets the definition of one of the following categories

(ES/FE employees are not eligible):

Eligibles
CATEGORY OF TRAVEL EXEMPT NONEXEMPT

1. Travel during which work is performed

 GS/FWS GS/FWS

2. Travel which is incident to travel during which work is performed

 GS/FWS GS/FWS
3. Travel under arduous conditions

GS/FWS

 GS/FWS

4. Travel which results from an event which could NOT be scheduled or controlled administratively

GS/FWS GS/FWS
5. Travel during hours on nonwork days that correspond to the employee's regular working hours   GS/FWS
6. Travel as a passenger on one day travel away from an official duty station   GS/FWS
7. Suffered or permitted travel   GS/FWS

With the exception of category 7, all travel must be authorized or approved.

Interpretation of Criteria:

To qualify as compensable "work performed while traveling" must be inseparable from travel, e.g., as driving is for a driver or travel is for a courier. If the work performed while traveling could as easily be performed in an office, the travel is not compensable.

Travel which is "incident to travel" etc. means deadhead travel: a courier who travels to make a connection at which he is to pick up and transport a package performs deadhead travel. In addition, the work performed under this heading must meet the test in the paragraph above.

"Arduous travel" means more than long waits at airports, travel on rural or slippery roads, or travel during snowy conditions and something less than conditions that qualify for hazard pay.

Travel resulting from an international or nongovernment meeting is administratively controllable if the agency had the opportunity as a participant to address the schedule but accommodated the schedule proposed by other participants.

Travel connected with training is administratively controllable if the training is given or sponsored by a government agency, training is given by a nonfederal agency but aimed at government interests, or the majority of attendees at such training are government employees.

If planning, e.g. a properly implemented preventive maintenance plan, could have obviated emergency travel on overtime to perform repairs, the event that causes the travel is administratively controllable and the overtime is not compensable.

Travel in categories 5, 6, and 7 is compensable for hours in excess of 40 only and for NONEXEMPT employees only. This may result in a NONEXEMPT employee's having an entitlement to overtime when an EXEMPT fellow-traveler has none. Currently the law provides no remedy for this situation. All other conditions constitute overtime for purposes of meeting the daily or weekly overtime standards for EXEMPT or NONEXEMPT employees.

Suffered or permitted travel is compensable only if the supervisor knows it was being performed or had reason to think it was being performed, had an opportunity to prevent it, and failed to act. Travel under this heading is compensable work for NONEXEMPTS only and only for hours over 40.