UNITED STATES DEPARTMENT OF AGRICULTURE
OFFICE OF HUMAN RESOURCES MANAGEMENT
WASHINGTON, D.C. 20250
PERSONNEL BULLETIN NO. 551-1
SUBJECT: Fair Labor Standards Act Policy and Procedure
This Bulletin supplements Office of Personnel Management (OPM) regulations for administering the Fair Labor Standards Act (FLSA).
OPM's FLSA regulations can be found in Title 5 of the Code of Federal Regulations,
Part 551. Under the provisions of Part 551, the Office of Human Resources Management (OHRM) is responsible for providing a Departmentwide policy framework for FLSA determinations. Under Part 551, OHRM is also responsible for establishing a claims procedure for the adjudication of FLSA claims that are lodged by USDA employees at the Departmental level. This Bulletin is intended to provide both the basic policy framework and the Departmental claims procedure that are required by Part 551.
This Bulletin is not intended to replace or modify any part of the OPM regulations. This Bulletin is meant to be read and applied within the context of all applicable laws and regulations.
Agencies having bargaining units are reminded to meet any labor-management
obligations that arise as a result of this Bulletin.
Donna D. Beecher
Director
Attachment
INQUIRIES: Compensation and Employment Division, Curt Dahlke,
(202) 720-4963, Room 314-W, Jamie L. Whitten Federal Building
DISTRIBUTION: All DPM Holders
EXPIRATION DATE: December 31, 2005
FAIR LABOR STANDARDS ACT
II. Policy and Procedures
A. FLSA Coverage Determinations
Mission Areas are expected to follow these steps when making FLSA
coverage determinations:
time and a half compensation for all overtime hours worked unless an employer can convincingly demonstrate that a legitimate FLSA exemption applies. Accurate FLSA determinations are a critical part of this process.
Many incorrect determinations are the result of over reliance on inaccurate position descriptions. Accordingly, FLSA determinations may not be based solely on position descriptions.
A bargaining unit employee who is covered by a negotiated grievance procedure must use the negotiated procedure to pursue a claim. A nonbargaining unit employee, or a bargaining unit employee covered by a negotiated grievance procedure that specifically excludes FLSA matters, may present a claim to either USDA or OPM for administrative adjudication.
OPM has final administrative authority over FLSA claims. If an employee is dissatisfied with a USDA decision on his or her claim, the employee may submit the claim to OPM for a separate determination. However, an employee may not present a claim to USDA that has already been adjudicated by OPM.
An employee wishing to file a FLSA claim with USDA must submit the claim to the following address:
U. S. Department of Agriculture
Office of Human Resources Management
Personnel Policy and Partnership Division
1400 Independence Avenue, S.W.
Room 47-W, Jamie L. Whitten Building
Washington, D.C. 20250-9603
Claims must be in writing and must contain the following information:
Payments to successful claimants are limited to the 2-year period immediately preceding the date that the claim is docketed by either USDA or OPM.
OHRM procedures for claims adjudication mirror OPM procedures. Accordingly, claimants should familiarize themselves with OPM's FLSA regulations and claims procedures as well as with the information contained in this Bulletin. The OPM information can be accessed through the Internet at the following address:
"http://www.opm.gov/flsa/index.htm".
OHRM will issue a written decision on each claim. The OHRM decision on a claim supercedes all prior mission area determinations and is the final decision that an employee can obtain within USDA.
In order to assist OHRM in the adjudicative process, mission areas must submit the following documentation upon being notified of an employee's claim by OHRM: