Summary

Civilian employees and members of the United States Capitol Police (USCP) covered by the Fair Labor Standards Act (FLSA) are entitled to overtime pay, up to a certain amount as determined by USCP pay schedules. FLSA-exempt civilian employees may receive compensatory time only upon a determination of special circumstances by the Chief of Police. Members of the USCP at a rank below lieutenant are entitled to elect either overtime pay up to a certain amount as determined by USCP pay schedules or compensatory leave. USCP officers at a rank of lieutenant and above are entitled to overtime pay or compensatory leave, provided their base salary does not exceed $131,400 (in 2005, as determined by section 1009 of the Consolidated Appropriations Resolution, 2003). In addition, officers who elect to receive overtime pay are subject to this same cap on annual aggregate compensation. Section 1007 of the Legislative Branch Appropriations Act, 2006, waives the repayment of overtime pay paid to, or compensatory leave used by, USCP officers in violation of the restrictions in the Consolidated Appropriations Resolution.