U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Appendix E

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Appendix G

Provides 1.5 overtime rate hours of work in excess of 8 hours in a day or 40 hours in a week (for FLSA-exempt employees with basic hourly rates greater than the basic hourly rate for GS-10, step 1, the overtime rate is capped at the higher of GS-10, step 1, overtime rate, or the employee’s basic hourly rate).

Provides double overtime rate for any time worked outside the 40-hour workweek. 

Hourly rate differential equal to 10 percent of employee’s rate of basic pay for regularly scheduled hours (overtime or non-overtime) between

6 p.m. and 6 a.m. Applies to paid leave hours if total hours of paid leave during a pay period are less than 8.

Provides for night differential rates of 15 percent or 20 percent of basic pay for non-overtime hours.  Pays 15 percent differential if more than half of the regularly scheduled hours fall between 3 p.m. and midnight.  Pays 20 percent differential if more than half of the regularly scheduled hours fall between 11 p.m. and 8 a.m. For a 7:30 p.m. to 3:30 a.m. shift, pays 15 until 11:30 p.m. and 20 percent thereafter.  Night pay is paid during paid leave.

Hourly rate differential equal to 25 percent of full-time employee’s rate of basic pay for non-overtime Sunday work.  “Sunday work” is defined as any hours that are part of a regularly scheduled daily tour of duty that overlaps Sunday up to a limit of 8 hours (could have two such tours on a single Sunday).

Provides a Sunday differential of 50 percent of basic pay for regularly scheduled non-overtime hours performed on a Sunday.

Provides 100 percent of basic pay for each non-overtime hour of work on a holiday in addition to the regular holiday pay.

Provides 100 percent of basic pay for each non-overtime hour of work on a holiday in addition to the regular holiday pay.

Biweekly cap applies to following types of premium pay:  overtime pay (including compensatory time off), night pay, Sunday pay, holiday work pay, standby pay, administratively uncontrollable overtime (AUO) pay, and law enforcement availability pay (LEAP).  FLSA overtime pay is not subject to premium pay cap.  Premium pay may be paid only to the extent that it does not cause sum of employee’s basic pay and premium pay in a biweekly pay period to exceed the greater of:

• rate for Level V of the Executive Schedule, or
• applicable GS-15/10 rate of basic pay.

No biweekly premium pay cap.

Agencies may use an annual cap for emergency or mission-critical work (except for certain regular overtime payments such as AUO pay or LEAP which remain subject to the biweekly premium pay cap).

$30,000 annual cap on overtime pay and premium pay. 

(Note:  The annual cap is $25,000 in FY 2004.  In prior years, the cap was $30,000, and action is underway to reestablish the cap at $30,000 in FY 2005.) 

No credit for callback commuting time; credited with a minimum of 2 hours work for callback shift.

Credited with 3 hours’ pay for commuting time for callback assignments.  Also, credited with a minimum of 2 hours work. 

No hour-for-hour overtime pay is retirement-creditable.  Certain regular overtime payments such as AUO pay (for LEOs only) and LEAP are retirement-creditable.

Overtime pay is treated as retirement-creditable basic pay up to an annual limit equal to one-half of the statutory cap on overtime pay (e.g., first $15,000 of overtime pay in a fiscal year assuming a $30,000 annual cap on COPRA overtime/premium pay).

Appendix E

Table of Contents

Compensation Administration Main Page

Appendix G