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FederalEmployeesandtheFairLaborStandardsAct

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

Case Issues Outcome
F-0007-11-01, 07/31/00,
PDF Format Text version
Correctional Officer
  • Executive exemption
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-0081-08-01, 03/11/98,
PDF Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format 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

Case Issues Outcome
F-0301-10-01, 01/12/98,
PDF Format WordPerfect 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 Format 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 Format Text version
Computer Specialist
  • Exempt but believes should be nonexempt
No change: Remains exempt

General Schedule--0400 Biological Sciences Group

Case Issues Outcome
F-0457-11-01, 06/28/02,
PDF Format Text version
Soil Conservationist
  • Exempt but believes should be nonexempt
No change: Remains exempt

General Schedule--0600 Medical, Hospital, Dental, and Public Health Group

Case Issues Outcome
F-0640-09-01, 07/03/01,
PDF Format 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 Format 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

Case Issues Outcome
F-0802-11-01, 11/12/97,
PDF Format WordPerfect 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 Format 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 Format 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 Format 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 Format 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 Format Text version
Architecture
  • Professional exemption
Changed: Was nonexempt, now exempt
F-0810-12-02, 06/16/99,
PDF Format WordPerfect 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 Format 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 Format 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 5.1 version
Electronics Engineering
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-0855-12-03, 04/15/02,
PDF Format Text version
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 Format 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 Format 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 Format Text version
Electronics Technician
  • Professional exemption
No change: Remains exempt
F-0856-11-04, 10/05/01,
PDF Format 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 Format 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

Case Issues Outcome
F-1101-03-01, 06/01/00,
PDF Format 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 Format WordPerfect 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

Case Issues Outcome
F-1670-11-01, 11/12/97,
PDF Format WordPerfect 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

Case Issues Outcome
F-1801-09-01, 02/20/97,
PDF Format 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 Format 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 Format 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 Format 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 Format 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format Text version
General Investigating
  • Administrative exemption
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-1811-13-01, 02/24/97,
PDF Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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 Format WordPerfect 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

Case Issues Outcome
F-1910-11-01, 04/15/02,
PDF Format Text version
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 Format Text version
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 Format Text version
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 Format Text version
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

Case Issues Outcome
F-2101-H-01, 01/16/02,
PDF Format Text version
Transportation Specialist
  • Exempt but believes should be nonexempt
Changed: Was exempt, now nonexempt
F-2101-13-01, 07/30/02,
PDF Format Text version
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

Case Issues Outcome
F-2604-11-04, 08/21/00,
PDF Format Text version
Electronics Mechanic
  • Travel on workdays and nonworkdays
Overtime pay due

Federal Wage System--3500 General Services and Support Work Family

Case Issues Outcome
F-3502-02-01, 03/10/97,
PDF Format WordPerfect 5.1 version
Laboring
  • Back pay
No back pay is due

Federal Wage System--5300 Industrial Equipment Maintenance Family

Case Issues Outcome
F-5334-08-01, 11/03/99,
PDF Format Text version
Marine Machinery Mechanic
  • Travel on workdays and nonworkdays
No overtime pay is due

Federal Wage System--5400 Industrial Equipment Operation Family

Case Issues Outcome
F-5408-09-01, 10/13/98,
PDF Format WordPerfect 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

Case Issues Outcome
F-5729-05-01, 01/31/02,
PDF Format 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

Case Issues Outcome
F-6907-05-01, 08/06/98,
PDF Format WordPerfect 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

Case Issues Outcome
F-7404-05-01, 08/06/98,
PDF Format WordPerfect 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 Format WordPerfect 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

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.