SECTION 1. INTRODUCTION
Purpose
This Handbook supplements Office of Personnel Management (OPM) guidance for the administration of premium pay for General Schedule (GS), Federal Wage System (FWS) employees, and United States citizens in technical and support positions (pay plan designations FO and FP) paid under the Foreign Service Schedule. Throughout the Handbook the term GS is used to include GM, GG, GH, and FC employees and employees under pay demonstration projects who are comparable. ES includes FE.
Pertinent laws, regulations, and guidance
Section 5343 and Chapter 55 of Title 5 United States Code (U.S.C.), and implementing regulations in Parts 550 and 532 of the Code of Federal Regulations (CFR) govern premium pay to GS and FP, and FWS employees, respectively. The following specific citations are pertinent to the text:
5 U.S.C. 4109 - Training Hours as Overtime
5 U.S.C. 5343 - FWS Night Differential
5 U.S.C. 5541 - General Eligibility
5 U.S.C. 5542 - GS Overtime Rates
5 U.S.C. 5543 - Compensatory Time
5 U.S.C. 5544 - FWS Overtime, Travel Hours as Overtime, Standby, Sunday rates, and Computation of Overtime
5 U.S.C. 5545 - GS Night, Standby, Administratively Uncontrollable Overtime, and Hazard Pay
5 U.S.C. 5546 - GS Sunday Pay; Holiday Premium Pay
5 U.S.C. 5547 - Limitation on GS Premium Pay
5 U.S.C. 5550a- Compensatory Time Off for Religious Observance
Section 3(e)(2) of the Fair Labor Standards Act (FLSA) of 1938, as amended, extended the overtime provisions of the FLSA to GS and FWS employees who are not exempted from the FLSA.
The Federal Employees Pay Comparability Act of 1990 (FEPCA), Public Law 101-509: (1) made NONEXEMPT employees subject to the daily overtime standard; (2) provided that hours in a paid nonwork status are hours of duty for a NONEXEMPT employee; (3) extended the conditions which constitute overtime for EXEMPT employees to NONEXEMPT employees; (4) provided that a NONEXEMPT employee at any grade may be granted compensatory time off; (5) mandated payment to NONEXEMPT employees for compensatory time not used; (6) limited the computation of overtime for NONEXEMPT employees to the FLSA method; (7) established a new overtime rate for EXEMPT law enforcement officers and a new biweekly maximum limitation for all law enforcement officers; and (8) provided for suspension of the biweekly maximum limitation on premium pay for EXEMPT employees in certain emergency situations.
Part 551 of the CFR governs overtime pay administration under the FLSA.