![]() ![]() However, FLSA-nonexempt employees may still earn other premium pay, such as Sunday premium pay and night pay, which remain subject to the premium pay biweekly and annual limitations. FLSA overtime pay and FLSA compensatory time off in lieu of overtime pay are excluded from the definition of premium pay and are not subject to the premium pay biweekly and annual limitations.Each agency’s servicing human resources office determines FLSA coverage, and it is stated on the employee’s Standard Form 50 (SF-50), box 35, as N (nonexempt) or E (exempt). The actual duties an employee performs determine whether an employee is nonexempt (covered) or exempt (not covered) under the minimum wage and overtime provisions of the FLSA.(See 5 CFR part 551 for FLSA overtime rules.) Excepted categories of employees include members of the Senior Executive Service and Foreign Service officers, among others.Įmployees who are exempt under the Fair Labor Standards Act (FLSA) are covered by title 5 overtime rules, while employees who are FLSA-nonexempt are covered by FLSA overtime provisions-although title 5 hours-of-work rules and daily overtime thresholds are incorporated in applying FLSA overtime provisions. 105 and certain legislative branch agencies. 5541(1) includes all Executive agencies as defined in 5 U.S.C. 5541(2) or other applicable statutory authority. ![]() 5541(1)), are covered by the title 5 premium pay provisions unless they are excepted from coverage under 5 U.S.C. Employee CoverageĮmployees in an agency, (as defined in 5 U.S.C. Note: This fact sheet does not apply to prevailing rate (blue collar) employees under the Federal Wage System who receive premium pay under 5 U.S.C. Premium pay paid under title 5 is subject to certain biweekly or annual pay limitations. chapter 55, subchapter V and 5 CFR part 550, subpart A. Premium pay is additional pay provided to employees for working certain types of hours or under certain types of conditions, as provided under 5 U.S.C. Voluntary Separation Incentive Paymentsįact Sheet: Premium Pay (Title 5) Description.Recruitment, Relocation & Retention Incentives.Federal Labor-Management Information System.Federal Workforce Priorities Report (FWPR).Frequently Asked Questions for Hybrid Work Environment. ![]()
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