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Follow these steps to determine whether an employee may receive
compensatory time off in lieu of overtime pay.
Note: This chart does not apply
to attorneys or members of the Senior Executive Service, nor does
it apply to compensatory time off for religious observances under 5
U.S.C. 5550a.
Also note that compensatory time off (other than compensatory time
off for religious observances) is subject to the premium pay limitations
in 5
U.S.C. 5547.
| Step One
| Is the employee on a flexible work schedule?
If YES, go to Step Three.
If NO, go to Step Two.
|
| Step Two |
Is the overtime work regularly scheduled--i.e.,
scheduled in advance of the workweek?
If YES, the employee may not receive
compensatory time off.
If NO, go to Step Three.
|
| Step Three
| Is the employee exempt from the overtime
pay provisions of the Fair Labor Standards Act of 1938,
as amended (FLSA)?
If YES, go to Step Four.
If NO, the employee may be granted compensatory
time off upon request only.
|
| Step Four |
Does the employee's rate of pay (including locality pay
and special pay adjustments for law enforcement officers)
exceed the applicable rate for GS-10, step 10?
If YES, the employee may be required
to be paid in the form of compensatory time off.
If NO, the employee may be granted compensatory
time off upon request only.
|
| References |
Law (exempt employees): 5
U.S.C. 5543 & 5
U.S.C. 6123(a)
Law (non-exempt employees): Fair
Labor Standards Act of 1938, as amended
Regulations: 5
CFR 550.114 (exempt) 5
CFR 551.531 (non-exempt)
DOJ Order: Part
2, Chapter 3 of DOJ Order 1200.1
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