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U.S. Department of Justice
Justice Management Division
 Personnel Staff                       


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Washington, D.C. 20530

October 30, 2003

MEMORANDUM FOR BUREAU HUMAN RESOURCES OFFICERS

FROM:            Debra M. Tomchek
                         Director, Human Resources

SUBJECT:      Training as Hours of Work for Fair Labor Standards Act (FLSA) Covered Employees

Questions have arisen regarding time spent in training as hours of work for FLSA-covered employees. This overtime issue mainly pertains to training at the Glynco Federal Law Enforcement Training Center which went to a mandatory six day training schedule effective January 1, 2002. The Office of Personnel Management (OPM) posted the attached information on its website on July 22, 2003.

OPM states that when FLSA-covered employees are scheduled in advance of the administrative workweek to attend a 6-day entry-level training class for a specified number of hours, those regularly scheduled training hours on the sixth day are "regular working hours" and are considered hours of work for overtime pay purposes. Additionally, your staffs may need to recompute an employee’s overtime pay entitlement and provide back pay under 5 C.F.R. part 550, subpart H, for overtime hours that occurred during regularly scheduled training.

If you or your staff have any questions concerning these procedures, please contact Jamie Higgins, of my staff’s Workforce Effectiveness Group, at (202) 514-5781. If you are interested in meeting to discuss this issue, please contact Ms. Higgins so that a meeting can be organized.

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Page created:  October 30, 2003
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