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FLSA Claim Decisions Table

See the Notes section following the list for information about decision numbers and downloading decisions.

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Claim Decisions
 

GENERAL SCHEDULE

General Schedule--0000 Miscellaneous Occupations Group
F-0007-11-01, 07/31/00, PDF Version Text Version Correctional Officer

 Executive exemption
 Exempt but believes should be nonexempt

No change: Remains exempt
F-0081-08-01, 03/11/98, PDF Version Word Perfect 5.1 Version Fire Protection and Prevention

 Negotiated grievance procedure (NGP) as sole administrative remedy
 Statute of limitations

Claim subject to NGP
F-0081-09-01, 05/28/97, PDF Version Word Perfect 5.1 Version Fire Protection and Prevention

 Executive exemption
 Exempt but believe should be nonexempt
 Fire protection personnel, and 80 percent test

No change: Remains exempt
F-0083-06-01, 12/11/97, PDF Version Word Perfect 5.1 Version Police

 Call-back time
 Electronic devices
 On-call duty
 Pager
 Standby time

Time in on-call status is not hours of work under FLSA
F-0083-07-01, 06/22/98, PDF Version Word Perfect 5.1 Version Police

 Canine
 De minimis
 Executive exemption
 Exempt but believe should be nonexempt
 Law enforcement personnel, and 80 percent test

Changed from exempt to nonexempt
Overtime pay is due
F-0084-08-01, 10/04/99, PDF Version Text Version

Nuclear Materials Courier

 Workday not limited to a calendar day or any other 24-hour period

No overtime pay due
General Schedule--0300 General Administrative, Clerical, and Office Services Group
F-0301-10-01, 01/12/98, PDF Version Word Perfect 5.1 Version (no title)

 Administrative exemption
 Base salary
 Base salary adjustment
 Geographic differential
 Hourly rate
 Liquidated damages
 Professional exemption
 Retroactive adjustment of FLSA exemption status
 Straight-time rate
 Willful violation

No change: Remains nonexempt
Overtime pay is due
F-0303-06-01, 05/31/01, PDF Version Text Version Miscellaneous Clerk and Assistant

 Controlling an employee's work hours
 Hours of work
 Overtime pay due criteria
 Refuting a claim
 Supporting a claim

Overtime pay due
F-0334-12-01, 04/09/02, [PDF] [TEXT]
Computer Specialist

Exempt but believes should be nonexempt

No change: Remains exempt
General Schedule--0400 Biological Sciences Group

F-0457-11-01, 06/28/02, [PDF] [TEXT]
Soil Conservationist

Exempt but believes should be nonexempt

No change: Remains exempt
General Schedule--0600 Medical, Hospital, Dental, and Public Health Group
F-0640-09-01, 07/03/01, PDF Version Text Version Health Aid and Technician

 Compensation for travel time

No change: Remains nonexempt
Overtime pay is due
F-0681-04-01, 07/19/00, PDF Version Text Version Dental Assistant

 Attorney fees
 On-call duty
 Pagers
 Standby duty

On-call status is not hours of work under FLSA
No overtime pay due
General Schedule--0800 Engineering and Architecture Group
F-0802-11-01, 11/12/97, PDF Version Word Perfect 5.1 Version Engineering Technician

 Administrative exemption
 Exempt but believes should be nonexempt
 Settlement agreement

Changed: Was exempt, now nonexempt
Overtime pay is due
F-0802-11-02, 10/08/99, PDF Version Text Version Engineering Technician

 Administrative exemption
 Call-back
 Executive exemption
 Exempt but believes should be nonexempt
 Professional exemption
 Standby duty
 Supporting a claim
 Travel on workdays and nonworkdays

Changed: Was exempt, now nonexempt
F-0802-11-03, 08/06/01, PDF Version Text Version Engineering Technician

 Exempt but believes should be nonexempt
 Classification

Changed: Was exempt, now nonexempt
Overtime pay is due
F-0802-11-04, 10/12/01, PDF Version Text Version Engineering Technician

 Exempt but believes should be nonexempt
 Position may not be functioning as it is currently classified

Changed: Was exempt, now nonexempt
F-0802-11-05, 10/12/01, PDF Version Text Version Engineering Technician

 Exempt but believes should be nonexempt
 Position may not be functioning as it is currently classified

Changed: Was exempt, now nonexempt
F-0808-11-01, 02/05/01, PDF Version Text Version Architecture

 Professional exemption

Changed: Was nonexempt, now exempt
F-0810-12-01, 02/04/98, PDF Version Word Perfect 5.1 Version Civil Engineering

 Administrative exemption
 Emergency work

No change: Remained exempt during emergency work
F-0810-12-02, 06/16/99, PDF Version Word Perfect 5.1 Version Civil Engineering

 Administrative exemption
 Emergency work
 Exempt but believes should be nonexempt
 Nonmanual work
 Standard position descriptions

Changed: Became nonexempt during emergency work
F-0810-13-01, 02/25/00, PDF Version Text Version Civil Engineering

 Emergency work

Changed from exempt to nonexempt for a period of performing temporary work during an emergency
F-0819-12-01, 01/28/99, PDF Version Text Version Environmental Engineering

 Emergency work

Changed from exempt to nonexempt for a period of performing temporary work during an emergency
F-0850-12-01, 06/16/99, PDF Version Word Perfect 5.1 Version Electrical Engineering

 Administrative exemption
 Emergency duties
 Exempt but believes should be nonexempt
 Nonmanual work
 Standard position descriptions

Changed: Became nonexempt during emergency work
F-0855-12-01, 08/06/98, PDF Version Word Perfect 5.1 Version Electronics Engineering

 Administrative exemption
 Emergency work

Changed: Became nonexempt during emergency work
Overtime pay is due
F-0855-12-02, 09/02/99, PDF Version Word Perfect 5.1 Version Electronics Engineering

 Exempt but believes should be nonexempt

No change: Remains exempt
F-0855-12-03, 04/15/02, [PDF] [TEXT]
Electronics Engineering

Travel outside scheduled work hours
Travel in connection with training
Travel outside duty station

Overtime pay is due
F-0856-11-01, 10/17/00, PDF Version Text Version Electronics Technician

 Denial of overtime work
 Interest on backpay
 Liquidated damages
 Presumption of exemption
 Sending employees home to avoid overtime
 Willful violation

No change: Remains exempt
No additional money due
F-0856-11-02, 11/09/00, PDF Version Text Version Electronics Technician

 Exempt but believes should be nonexempt
 Professional exemption
 Travel on workdays and nonworkdays

Changed: Was nonexempt, now exempt
This decision was reopened, reconsidered, and sustained by OPM decision number F-0856-11-04, dated 10/5/01.
F-0856-11-03, 03/30/01, PDF Version Text Version Electronics Technician

 Professional exemption

No change: Remains exempt
F-0856-11-04, 10/05/01, PDF Version Text Version Electronics Technician

 Duties actually performed

Changed: Was exempt, now nonexempt
This decision reopened, reconsidered, and sustained
OPM decision number F-0856-11-02, dated 11/9/00.
F-0856-12-01, 11/08/99, PDF Version Text Version Electronics Technician

 Administrative exemption
 Executive exemption
 Exempt but believes should be nonexempt
 Professional exemption

Changed: Was exempt, now nonexempt
General Schedule--1100 Business and Industry Group
F-1101-03-01, 06/01/00, PDF Version Text Version General Business and Industry

 Duties performed in the absence of another employee
 Executive exemption
 Exempt but believes should be nonexempt
 Nonappropriated fund employee
 Short-term, nonrecurring duties

No change: Remains exempt
F-1102-09-01, 07/21/99, PDF Version Word Perfect 5.1 Version Contracting

 Travel on workdays and nonworkdays
 Preserving the claim period
 Statute of limitations
 Willful violation

Overtime pay is due
General Schedule--1600 Equipment, Facilities, and Services Group
F-1670-11-01, 11/12/97, PDF Version Word Perfect 5.1 Version Equipment Specialist

 Administrative exemption
 Exempt but believe should be nonexempt
 Settlement agreement

Changed: Was exempt, now nonexempt
Overtime pay is due
General Schedule--1800 Investigation Group
F-1801-09-01, 02/20/97, PDF Version Text Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believes should be nonexempt

Changed: Was exempt, now nonexempt
F-1801-09-02, 02/20/97, PDF Version Text Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believes should be nonexempt

Changed: Was exempt, now nonexempt
F-1801-09-03, 02/20/97, PDF Version Text Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believes should be nonexempt

Changed: Was exempt, now nonexempt
F-1801-11-01, 02/20/97, PDF Version Text Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believes should be nonexempt

Changed: Was exempt, now nonexempt
F-1801-11-02, 02/20/97, PDF Version Text Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believes should be nonexempt

No change: Remains exempt
F-1801-13-01, 01/02/97, PDF Version Word Perfect 5.1 Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believe should be nonexempt

No change: Remains exempt
F-1801-13-02, 01/02/97, PDF Version Word Perfect 5.1 Version General Inspection, Investigation, and Compliance

 Administrative exemption
 Exempt but believe should be nonexempt

No change: Remains exempt
F-1802-07-01, 10/29/98, PDF Version Word Perfect 5.1 Version Compliance Inspection and Support

 Anonymity
 Confidentiality
 Overtime hours not recorded
 Suffer or permit
 Third party claim

Overtime pay is due
F-1810-12-01, 06/26/01, PDF Version Word Perfect 5.1 Version General Investigating

 Administrative exemption
 Exempt but believes should be nonexempt

No change: Remains exempt
F-1811-13-01, 02/24/97, PDF Version Word Perfect 5.1 Version Criminal Investigating

 Administrative uncontrollable overtime (AUO)
 AUO
 Commuting
 Premium pay
 Statute of limitations

No overtime pay is due
F-1811-13-02, 02/24/97, PDF Version Word Perfect 5.1 Version Criminal Investigating

 Administrative uncontrollable overtime (AUO)
 AUO
 Commuting
 Premium pay
 Statute of limitations

No overtime pay is due
F-1811-13-03, 04/10/98, PDF Version Word Perfect 5.1 Version Criminal Investigating

 Administrative uncontrollable overtime (AUO)
 AUO
 Statute of limitations
 Stephen Adams v. United States

No overtime pay is due
F-1811-13-04, 04/10/98, PDF Version Word Perfect 5.1 Version Criminal Investigating

 Administrative uncontrollable overtime (AUO)
AUO
 Statute of limitations
 Stephen Adams v. United States

No overtime pay is due
F-1811-14-01, 04/10/98, PDF Version Word Perfect 5.1 Version Criminal Investigating

 Administrative uncontrollable overtime (AUO)
AUO
 Statute of limitations
 Stephen Adams v. United States

No overtime pay is due
F-1815-13-01, 01/02/01, PDF Version Word Perfect 5.1 Version Air Safety Investigating

 Administrative exemption
 Exempt but believe should be nonexempt

No change: Remains exempt

General Schedule - 1900 Quality Assurance, Inspection, and Grading Group

F-1910-11-01, 04/15/02, [PDF] [TEXT]
Quality Assurance Specialist

Travel outside scheduled work hours
Travel in connection with training
Travel outside duty station

Overtime pay is due
F-1910-11-02, 04/15/02, [PDF] [TEXT]
Quality Assurance Specialist

Travel outside scheduled work hours
Travel in connection with training
Travel outside duty station

Overtime pay is due
F-1910-11-03, 04/15/02, [PDF] [TEXT]
Quality Assurance Specialist  

Travel outside scheduled work hours
Travel in connection with training
Travel outside duty station

Overtime pay is due
F-1910-11-04, 04/15/02, [PDF] [TEXT]
Quality Assurance Specialist

Travel outside scheduled work hours
Travel in connection with training
Travel outside duty station

Overtime pay is due
General Schedule--2100 Transportation Group
F-2101-H-01, 01/16/02, PDF Version Text Version Transportation Specialist

 Exempt but believes should be nonexempt

Changed: Was exempt, now nonexempt

F-2101-13-01, 07/30/02, [PDF] [TEXT]

Airway Transportation Systems Specialist

Exempt but believes should be nonexempt

Bargaining unit position

FEDERAL WAGE SYSTEM

Federal Wage System--2600 Electronic Equipment Installation and Maintenance Family
F-2604-11-04, 08/21/00, PDF Version Text Version Electronics Mechanic

 Travel on workdays and nonworkdays

Overtime pay due
Federal Wage System--3500 General Services and Support Work Family
F-3502-02-01, 03/10/97, PDF Version Word Perfect 5.1 Version Laboring

 Back pay

No back pay is due
Federal Wage System--5300 Industrial Equipment Maintenance Family
F-5334-08-01, 11/03/99, PDF Version Text Version Marine Machinery Mechanic

 Travel on workdays and nonworkdays

No overtime pay is due
Federal Wage System--5400 Industrial Equipment Operation Family
F-5408-09-01, 10/13/98, PDF Version Word Perfect 5.1 Version Wastewater Treatment Plant Operating

 Exclusion of FLSA matters from negotiated grievance procedure
 On-call duty
 Supporting or refuting a claim
 Standby duty

Overtime pay is due
Federal Wage System--5700 Transportation/Mobile Equipment Operation Family
F-5729-05-01, 01/31/02, PDF Version Text Version Drill Rig Operating

 "First 80"
 Maxiflex schedule

No change: Remains nonexempt
Overtime pay due
Federal Wage System--6900 Warehousing and Stock Handling Family
F-6907-05-01, 08/06/98, PDF Version Word Perfect 5.1 Version Material Handler

 Exempt but believe should be nonexempt
 One position with periods of being exempt and periods of being nonexempt
 Suffer or permit
 Supporting or refuting a claim

No overtime pay is due
Federal Wage System--7400 Food Preparation and Serving Family
F-7404-05-01, 08/06/98, PDF Version Word Perfect 5.1 Version Cooking

 Falsification of time sheets
 Intimidation
 Nonappropriated fund (NAF) employee
 Overtime hours not recorded
 Statute of limitations
 Suffer or permit
 Supporting or refuting a claim
 Willful violation

Overtime pay is due
F-7404-08-01, 08/22/96, PDF Version Word Perfect 5.1 Version Cooking

 Compensatory time off (CTO)
 CTO
 Nonappropriated fund (NAF) employee
 Overtime hours not recorded
 Shifting burden of proof
 Supporting or refuting a claim

Overtime pay is due

You may not submit an FLSA claim electronically

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Notes

To download decisions. If you wish to download a file without opening it--

  •  In Netscape, right click on the icon for the file you wish to retrieve, then click on "Save Link As" and save the file to your computer.
     

  •  In Explorer, right click on the icon for the file you wish to retrieve, then click on "Save Target As" and save the file to your computer.

OPM decision numbers. An OPM decision number identifies decisions. The 12-character decision number is made up of F (for FLSA claim), 4 digits for the occupational series of the position, 2 digits for the grade of the position, and 2 digits for the number of the decision for that particular series and grade.

For example, the decision number F-0802-11-02 indicates that it is an FLSA claim decision for a position in the 0802 Engineering Technician occupational series at the grade 11 level and is the second decision for a claimant who was a GS-802-11 Engineering Technician.

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Last Updated: 07/2002