U.S.Fish and Wildlife Service 225 FW 7,  Exhibit 6, Decision Logic Table for Computing Overtime
FWM#:         213 (new)
Date:            September 7, 1995
Series:          Personnel
Part 225:      Classification, Pay and Allowances
Originating Office: Division of Personnel Management
DECISION LOGIC TABLE FOR COMPUTING OVERTIME HOURS UNDER THE FLSA
This chart summarizes the policies governing the calculation of hours of work under the Fair Labor Standards Act.
 
STEP ONE Is the employee nonexempt under the FLSA as described in 5 CFR Part 551, Subpart B 

If YES, go to STEP TWO. 

If NO, the employee is not entitled to overtime pay under the FLSA. See 5 CFR 550 and guidance in this chapter for overtime rules applicable to exempt employees. 
STEP TWO Counting only hours of work under title 5 of the United States Code, has the employee worked more than 8 hours in any day in the work period? 

NOTE: 

    (1) Disregard any hours that qualify as hours of work only under the FLSA. 

    (2) Include paid nonwork periods. 

    (3) See special rules for employees on flexible or compressed work schedules. 

If YES, add the hours of work in excess of 8 in a day for each day in the work period and go to STEP THREE. 
STEP THREE Add all hours of work under title 5 of the United States Code that are not included in the total computed in STEP TWO, and all hours in the work period that are considered hours of work under the FLSA, including paid nonwork periods. 

Go to STEP FOUR. 
STEP FOUR Determine the applicable overtime standard for the work period. 

On a weekly basis, the overtime standards are currently: 

    53 hours for employees engaged in fire protection activities, 

    42 3/4 hours for employees engaged in law enforcement activities; and 

    40 hours for other nonexempt employees. 

Go to STEP FIVE.
STEP FIVE Subtract the result of STEP FOUR from the result of STEP THREE. 

NOTE: 

    If the result is a negative number, set it to 0. 
Go to STEP SIX. 
STEP SIX Add the result of STEP TWO to the result of STEP FIVE. 

This is the total number of hours of overtime work under the FLSA for the work period. 

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