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Overtime

FLSA Provisions

All employees are either covered (nonexempt) or not covered (exempt) by the overtime provisions of the FLSA. Overtime pay computations for FLSA nonexempt employees are made solely in accordance with Part 551 of 5 CFR.

Overtime Hourly Rate

Overtime pay provided under Title 5, United States Code (5 U.S.C.), is pay for hours of work officially ordered or approved in excess of 8 hours in a day or 40 hours in an administrative workweek.

For employees with rates of basic pay equal to or less than the rate of basic pay for GS-10, step 1, the overtime rate is the employee’s hourly rate of basic pay multiplied by 1.5.

Based on Section 1121 of Public Law 108-136, enacted November 24, 2003, which amended 5 U.S.C. 5542(a)(2), employees with rates of basic pay greater than basic pay for GS-10, step 1, the overtime hourly rate paid will be the greater of:

  • The hourly rate of basic pay for GS-10, step 1, multiplied by 1.5 or
  • The employee’s hourly rate of basic pay.

Suffered or Permitted Work

Suffered or permitted work is any work performed by an employee for the benefit of an Agency whether requested or not, provided the employee’s supervisor knows or has reason to believe that the work is being performed and has an opportunity to prevent the work from being performed.

Title 5 Provisions

FLSA-exempt employees are covered under the provisions of Part 550 of Title 5 U.S. Code only. Refer to CFR regulations for detailed information regarding Title 5 provisions.

Overtime Examples

Overtime is hours of work performed over 8 hours per day (except in Examples 2 and 3 below) or 40 hours per week. It includes regular overtime work and irregular or occasional overtime work.

Example 1: For an 8 hour-per-day, 5 day-per-week basic tour of duty, overtime is the hours in excess of 8 hours per day or 40 hours per week.

Example 2: For a 5/4/9 schedule, the employee has a biweekly, 80-hour schedule that is worked in 9 days (eight 9-hour days and one 8-hour day). Overtime is, in this case, the hours of work performed in excess of 9 hours per day for the 9-hour days and in excess of 8 hours for the 8-hour day or in excess of 80 hours biweekly.

Example 3: For a 4/10 schedule, the employee has a 40-hour workweek that is worked in 4 days, 10 hours a day. Overtime is the hours of work performed in excess of 10 hours per day or 40 hours per week for this alternate work schedule (AWS).

Overtime Over 8 Hours in a Day (for Department of Justice Employees Only)

To identify the "overtime over 8 hours in a day" outside the 40-hour workweek for U.S. Department of Justice employees, suffixes 5 through 8 are used with TC 21, Overtime-Premium Rate; TC 24, Overtime Travel Under Title V; TC 25, Overtime Over 40 with Night Differential; and TC 30, Overtime Call Back No Work Performed.

Code

Description
Suffix 5 (includes all other pay plans) Used to record overtime over 8 hours in a day outside of the basic workweek.
Suffixes 5 through 8 (Federal Wage System Pay Plan) Used for FWS employees to record overtime over 8 hours in a day and to identify the shift worked. Suffixes 5 through 8 will mirror Suffixes 1 through 4, which are currently used to indicate first, second, third, and varied shifts for overtime over 40 hours in a week. Note that TC 25 is not applicable for FWS employees.

Overtime Over 8 Hours in a Day, But Less Than 40 Hours in a Week

TC 19, Overtime Over 8, and TC 26, Overtime Over 8 With Night Differential, are used to record overtime over 8 hours in a day, but less than 40 hours in a week. It is not required that suffixes 5 through 8 be used with these TCs. However, the suffixes will be allowed with these TCs to avoid confusion for timekeepers and to provide a consistent process for recording "overtime over 8 hours in a day".

If hours worked in a day exceed 8 hours or a non-AWS employee, those hours in excess of 8 hours should be considered as "overtime over 8 hours in a day". For employees on AWS whose normal scheduled workday is in excess of 8 hours, only the hours worked in excess of the hours normally worked on that day are to be considered "overtime over 8 hours in a day."

Note: Federal regulations specify that hours of overtime worked in excess of 8 hours in a day are not included in computing hours of work in excess of 40 hours in an administrative workweek when determining overtime over 40.