PERSONNEL BULLETIN NO. 551-1

SUBJECT: Fair Labor Standards Act Policy and Procedure
 

This Bulletin supplements Office of Personnel Management (OPM) regulations for administering the Fair Labor Standards Act (FLSA).

OPM's FLSA regulations can be found in Title 5 of the Code of Federal Regulations,

Part 551. Under the provisions of Part 551, the Office of Human Resources Management (OHRM) is responsible for providing a Departmentwide policy framework for FLSA determinations. Under Part 551, OHRM is also responsible for establishing a claims procedure for the adjudication of FLSA claims that are lodged by USDA employees at the Departmental level. This Bulletin is intended to provide both the basic policy framework and the Departmental claims procedure that are required by Part 551.

This Bulletin is not intended to replace or modify any part of the OPM regulations. This Bulletin is meant to be read and applied within the context of all applicable laws and regulations.

Agencies having bargaining units are reminded to meet any labor-management obligations that arise as a result of this Bulletin.
 
 
 

Donna D. Beecher
Director
 

Attachment
 
 
 

INQUIRIES: Compensation and Employment Division, Curt Dahlke,

(202) 720-4963, Room 314-W, Jamie L. Whitten Federal Building
 

DISTRIBUTION: All DPM Holders
 

EXPIRATION DATE: December 31, 2005
 
 
 

FAIR LABOR STANDARDS ACT
 

• Purpose

 

II. Policy and Procedures

A. FLSA Coverage Determinations

• Procedural Requirements

Mission Areas are expected to follow these steps when making FLSA coverage determinations:
 

• Obtain current information about the actual duties and responsibilities of each employee. This can be done through interviews or questionnaires.

 
• Review this information carefully. Update position descriptions and correct any classification errors that are identified through the review. This is important, because many FLSA errors can be traced to prior errors in title, series, and grade determinations.

 
• Carefully compare all of the information about the incumbent and the position to the criteria outlined in 5 CFR 551. Do not base determinations on criteria not included in 5 CFR 551 (i.e., arbitrators' decisions that do not reference OPM regulations, Department of Labor rulings based on private sector situations, etc.).

 
• Record individual determinations and insure that these written determinations can be easily retrieved if OPM, an employee or an employee representative has questions or needs further explanation about any individual determination.

• Relationship to Position Classification

time and a half compensation for all overtime hours worked unless an employer can convincingly demonstrate that a legitimate FLSA exemption applies. Accurate FLSA determinations are a critical part of this process.

Many incorrect determinations are the result of over reliance on inaccurate position descriptions. Accordingly, FLSA determinations may not be based solely on position descriptions.

• Accountability

• Claims

A bargaining unit employee who is covered by a negotiated grievance procedure must use the negotiated procedure to pursue a claim. A nonbargaining unit employee, or a bargaining unit employee covered by a negotiated grievance procedure that specifically excludes FLSA matters, may present a claim to either USDA or OPM for administrative adjudication.

OPM has final administrative authority over FLSA claims. If an employee is dissatisfied with a USDA decision on his or her claim, the employee may submit the claim to OPM for a separate determination. However, an employee may not present a claim to USDA that has already been adjudicated by OPM.

An employee wishing to file a FLSA claim with USDA must submit the claim to the following address:

U. S. Department of Agriculture
Office of Human Resources Management
Personnel Policy and Partnership Division
1400 Independence Avenue, S.W.
Room 47-W, Jamie L. Whitten Building
Washington, D.C. 20250-9603

Claims must be in writing and must contain the following information:

• The claimant's name, mailing address, and daytime telephone number;
• A detailed description of the history of the claim including dates claimed, hours claimed, incidents giving rise to the claim, and prior efforts to resolve the claim within the mission area;
• All evidence supporting the claim (i.e.; affidavits of supervisors or coworkers, excerpts from field diaries, minutes from public meetings, entries from building security logs, etc.);
• A statement certifying that the claim is not subject to a negotiated grievance procedure; and
• A statement certifying that claim is not being pursued simultaneously with OPM or with an appropriate United States court.

Payments to successful claimants are limited to the 2-year period immediately preceding the date that the claim is docketed by either USDA or OPM.

OHRM procedures for claims adjudication mirror OPM procedures. Accordingly, claimants should familiarize themselves with OPM's FLSA regulations and claims procedures as well as with the information contained in this Bulletin. The OPM information can be accessed through the Internet at the following address:

OHRM will issue a written decision on each claim. The OHRM decision on a claim supercedes all prior mission area determinations and is the final decision that an employee can obtain within USDA.

In order to assist OHRM in the adjudicative process, mission areas must submit the following documentation upon being notified of an employee's claim by OHRM:

• Copies of any and all position descriptions encumbered by the claimant during the period covered by his or her claim;

 
• Written evaluation statements for each of the claimant's position descriptions;

 
• Written FLSA coverage determinations for the claimant for the period covered by his or her claim;

 
• The hourly pay rates in effect for the claimant during the period prior to the docketing of the claim.