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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-USPS-01,
05/07/10,
PDF Format Text version
Unspecified Services
  • Setting of pay, seniority, contract interpretation
OPM lacks subject matter and claims jurisdiction
F-0000-00-01, 05/18/09,
PDF Format Text version
Unspecified Services
  • Definition of work
  • Employment status
Lack of standing (employment); OPM lacks claims jurisdiction; failure to file a valid claim
F-0000-00-01R, 07/09/09,
PDF Format Text version
Unspecified Services
  • Request for assistance
  • Denial of quid pro quo
Reopening and reconsideration denied; failure to establish claimant was an employee for purposes of the FLSA
F-0019-F-01,
07/16/06,
PDF Format Text version
Transportation Security Screener
  • Overtime pay for 20 hours of overtime worked
No change: Remains exempt
F-0007-11-01,
07/31/00,
PDF Format Text version
Correctional Officer
  • Executive exemption
  • Exempt but believes should be nonexempt
Compressed work schedule; no overtime worked; no money due
F-0025-09-01, 03/05/08,
PDF Format Text version
Park Ranger
  • Standby Pay
  • Suffer or permit
  • Travel time
Isolated worksite does not create a standby entitlement; claimant has not established suffer and permitted work was performed; travel time within a duty station is not compensable under case circumstances; no overtime pay is due
F-0025-12-01, 02/08/07,
PDF Format Text version
Park Ranger
  • Overtime for emergencies should have been paid at time and a half
Emergency situation never declared: Claim denied
F-0080-12-01r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-02r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-03r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-04r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by agency; willful violation did not occur; no additional overtime pay is due
F-0080-12-05r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-06r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
  • Willful violation
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-07r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
F-0080-12-08r, 05/05/10,
PDF Format Text version
Security Administration
  • Addtional overtime pay
Claimant made whole by the agency; part of claim is time barred; willful violation did not occur; no additional overtime pay is due.
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-0083-05-01,
08/06/07,
PDF Format Text version
Police
  • Overtime for hours of work in excess of 8 hours in a day
  • Compressed work schedule
  • Willful violation
Claimant was under a compressed work schedule; no overtime pay due; willful violation did not occur
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
F-0090-05-01,
08/02/04,
PDF Format Text version
Guide
  • Back pay for time spent in training
  • Flexible work schedule
Claimant not on valid maxiflex schedule; additional pay is due

General Schedule--0200 Human Resources Management Group

Case Issues Outcome
F-0201-07-01, 05/15/05,
PDF Format Text version
Human Resources Management
  • Overtime pay for time spent traveling
Claimant due overtime pay for certain hours of travel
F-0201-07-01R, 12/29/06,
PDF Format Text version
Human Resources Management
  • Liquidated damages
  • Punitive damages
  • Designation of representative
Liquidated and punitive damages not available to administrative claims subject to the Back Pay Act
F-0260-09-01, 11/07/06,
PDF Format Text version
Equal Employment Opportunity
  • Overtime pay for time spent traveling
Claimant due overtime pay for certain hours of travel

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-0301-12-01, 09/20/07,
PDF Format Text version
(no title)
  • Exempt but believes should be nonexempt
  • Administrative exemption
No change: Remains exempt
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
F-0343-14-01, 12/18/07,
PDF Format Text version
Program Analyst
  • Exempt but believes should be nonexempt
  • Administrative exemption
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
F-0470-11-01, 06/18/03,
PDF Format Text version
Soil Scientist
  • Exemption status
  • Overtime pay
  • Title 5 overtime premium pay
  • Ordered and approved
Exemption status not at issue; claim should have been filed under the provisions of Part 178 of 5 CFR; claim denied since the record does not show overtime work was ordered and approved by an authorized official

General Schedule--0500 Accounting and Budget Group

Case Issues Outcome
F-0560-11-01,
07/05/07,
PDF Format Text version
Budget Analyst
  • Avenue of redress
  • Capped overtime
  • FLSA claims subject-matter coverage
Claimants may file a claim either with the employing agency or OPM; FLSA overtime is not capped; FLSA claims procedures do not cover payroll processing disputes
F-0580-11-01,
04/26/04,
PDF Format Text version
Credit Union Examiner
  • Professional exemption
  • Compensation for travel time
No change: Remains exempt

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

Case Issues Outcome
F-0610-09-01, 07/01/09,
PDF Format Text version
Clinical Nurse
  • Exempt but believes should be nonexempt
  • Professional exemption
  • Primary duty test
No change: Remains exempt
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-0802-11-06, 04/19/06,
PDF Format Text version
Engineering Technician
  • Exempt but believes should be nonexempt
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Willful violation
Changed: Was exempt, now nonexempt; willful violation did not occur; overtime pay is due
F-0802-11-07, 04/19/06,
PDF Format Text version
Engineering Technician
  • Exempt but believes should be nonexempt
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Willful violation
Changed: Was exempt, now nonexempt; willful violation did not occur; overtime pay is due
F-0802-11-08, 04/30/08,
PDF Format Text version
Engineering Technician
  • Exemption status
  • Designation of representative
  • Preserving a claim
  • Willful violation
Agency changed status from exempt to nonexempt; failure to designate representative in writing; failure to file a claim in writing, willful violation did not occur; additional overtime pay is due
F-0808-11-01, 02/05/01,
PDF Format Text version
Architecture
  • Professional exemption
Changed: Was nonexempt, now exempt
F-0809-03-01, 11/30/09,
PDF Format Text version
Construction Control Technician
  • Tasker ("contract") should control exemption status
  • Temporary duties
Work performed controls exemption status; Federal employees are appointed to their positions and are not under employment contracts; temporary duties were nonexempt Additional overtime pay is due
F-0809-11-01, 01/31/06,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Travel time
Changed: Was exempt, now nonexempt; additional overtime pay is due
F-0809-11-02, 05/09/06,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-11-03, 07/20/06,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due ; willful violation did not occur
F-0809-11-04, 08/01/07,
PDF Format Text version
Construction Control Technician
  • Overtime pay for travel time
  • Willful violation
Travel time within duty station without performing substantial work is not compensable as hours of work; willful violation did not occur
F-0809-12-01, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-02, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-03, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-04, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-05, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-06, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-07, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-08, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-09, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0809-12-10, 06/30/10,
PDF Format Text version
Construction Control Technician
  • Executive exemption
  • Administrative exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
F-0810-12-01, 02/04/98,
PDF Format Text version
Civil Engineering
  • Emergency work
  • Administrative exemption
No change: Work performed covered by administrative exemption
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-0856-11-06, 06/17/09,
PDF Format Text version
Electronics Technician
  • Exempt but believes work should be nonexempt
  • Professional exemption
  • Willful violation
Changed: Was exempt, now nonexempt; additional overtime pay is due; willful violation did not occur
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
F-0856-12-02, 10/26/09,
PDF Format Text version
Electronics Technician
  • Rate of pay for accumulated compensatory time
Agency erred in applying 5 CFR 550.113(b) to nonexempt employee; nonexempt employee compensatory time must be computed in conformance with 5 CFR 551.512 and liquidated in conformance with 5 CFR 551.531(f) and (g)
F-0861-13-01,
08/02/04,
PDF Format Text version
Aerospace Engineering
  • Exemption status
  • Overtime pay
  • Title 5 overtime premium pay
  • Termination and reinstatement
Exempt under the professional exemption; claim should be filed under the provisions of Part 178 of 5 CFR; request for reversal of termination and reinstatement not covered by the FLSA claims process

General Schedule--0900 Legal and Kindred Group

Case Issues Outcome
F-0986-07-01,
09/15/08,
PDF Format Text version
Legal Assistance
  • Back pay for overtime for claimant and similarly situated employees
  • Whistleblower Protection
  • Punishment of management for violation of the FLSA
Bargaining unit position, OPM lacks claims jurisdiction; lack of standing to represent other employees; lack of subject-matter jurisdiction over Whistleblower complaints; discipline of employees vested in employing agency management

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-I-01,
08/29/07,
PDF Format Text version
Contracting
  • Overtime pay
  • Compensatory time
Exempt employee; claim barred by res judicata
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-1670-02-01, 01/11/10,
PDF Format Text version
Equipment Services
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Primary duty test
No change: Remains exempt
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-1802-09-01,
10/13/06,
PDF Format Text version
Compliance Inspection and Support
  • Exemption status
  • Overtime pay
  • Settlement agreement
  • Preserving the claim period
Claimant failed to preserve claim timely, claim time barred; not part to and, thus, not covered by settlement agreement
F-1801-09-02,
12/19/07,
PDF Format Text version
Compliance Inspection and Support
  • Willful violation
Willful violation did not occur
F-1802-10-01, 07/15/08,
PDF Format Text version
Compliance Inspection and Support
  • Exempt but believes work should be nonexempt
  • Reliance on court decision
  • Willful violation
  • Liquidated damages
Changed: Was exempt, now nonexempt; claimant is not covered by a court decision on a case to which he was not a party; willful violation did not occur; liquidated damages is not applicable to administrative claim decisions issued pursuant to subpart G of part 551 of 5 CFR.; additional overtime pay is due
F-1802-11-01, 12/19/07,
PDF Format Text version
Compliance Inspection and Support
  • Exempt but believes work should be nonexempt
  • Reliance on court decision
  • Willful violation
  • Liquidated damages
Changed: Was exempt, now nonexempt; claimant is not covered by a court decision on a case to which he was not a part; willful violation did not occur; liquidated damages is not applicable to administrative claim decisions issued pursuant to subpart G of part 551 of 5 CFR; additional overtime pay is due
F-1810-12-01, 06/26/01,
PDF Format Text version
General Investigating
  • Exempt but believes work should be nonexempt
  • Administrative exemption
Rescinded and replaced by F-1810-12-02
F-1810-12-02, 10/16/06,
PDF Format Text version
General Investigating
  • Exempt but believes work should be nonexempt
  • Administrative exemption
  • Willful violation
  • Back Pay Act
Changed: Was exempt, now nonexempt; willful violation did not occur; no authority to waive the retroactive effect of the Back Pay Act; overturns rationale in F-1810-12-01, 06/26/01; additional overtime pay is due
F-1810-12-03,
06/11/07,
PDF Format Text version
General Investigations
  • Exempt but believes work should be nonexempt
  • Preserving the claim period
  • Willful violation
Claimant failed to preserve claim timely, claim time barred; willful violation did not occur
F-1811-12-01,
06/19/07,
PDF Format Text version
Criminal Investigating
  • Overtime for a scheduled sixth day of training under the FSLA
  • Law Enforcement Availability Pay (LEAP)
Criminal investigator receiving LEAP is exempt from the overtime pay provisions of the FLSA; claimant received proper pay under 5 CFR 550.185(b)
F-1811-13-01, 02/24/07,
PDF Format Text version
Criminal Investigating
  • Administrative uncontrollable overtime (AUO)
  • AUO
  • Commuting
  • Premium pay
  • Statute of limitations
Rescinded and replaced by F-1811-13-08, 05/17/10
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-1811-13-05, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Claimant failed to preserve claim timely, claim time barred; erroneous advice or information provided by a Government employee cannot bar the Government from denying benefits which are not otherwise permitted by law
F-1811-13-06, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Claimant failed to preserve claim timely, claim time barred; erroneous advice or information provided by a Government employee cannot bar the Government from denying benefits which are not otherwise permitted by law
F-1811-13-07, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Claimant failed to preserve claim timely, claim time barred; erroneous advice or information provided by a Government employee cannot bar the Government from denying benefits which are not otherwise permitted by law
F-1811-13-08, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Claimant failed to preserve claim timely, claim time barred; erroneous advice or information provided by a Government employee cannot bar the Government from denying benefits which are not otherwise permitted by law; reconsiders and replaces F-1811-13-01
F-1811-13-09, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Claimant failed to preserve claim timely, claim time barred; erroneous advice or information provided by a Government employee cannot bar the Government from denying benefits which are not otherwise permitted by law
F-1811-13-10, 05/17/10,
PDF Format Text version
Criminal Investigating
  • Preserving the claim period
  • Statute of limitations
  • Erroneous advice
Part of claim time barred; entire period of claim not time barred is covered by claimant's settlement agreement with the agency
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
F-1825-13-01,
PDF Format Text version
Aviation Safety
  • Travel time on a holiday and non-workday
Compensable travel time properly paid by agency; no additional overtime pay is due
F-1896-12-01, 06/24/09,
PDF Format Text version
Border Patrol Enforcement
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Administrative exemption
Changed: Was exempt, now nonexempt; additional overtime pay is due
F-1896-12-02, 06/24/09,
PDF Format Text version
Border Patrol Enforcement
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Administrative exemption
Changed: Was exempt, now nonexempt; additional overtime pay is due
F-1896-12-03, 06/24/09,
PDF Format Text version
Border Patrol Enforcement
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Administrative exemption
Changed: Was exempt, now nonexempt; additional overtime pay is due

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-H-02,
05/09/06,
PDF Format Text version
Transportation Specialist
  • Overtime for time spent traveling
Denied; hours claimed are not compensable as hours of work
F-2101-I-01, 05/27/09,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Administrative exemption
  • Professional exemption
  • Back Pay Act
  • Jurisdiction
Changed: Was exempt, now nonexempt; overtime pay is due; Back Pay Act not available as a remedy; OPM interprets a collective bargaining agreement for purposes of determining FLSA claims jurisdiction
F-2101-13-01, 07/30/02,
PDF Format Text version
Airway Transportation Systems Specialist
  • Exempt but believes should be nonexempt
  • Jurisdiction
Rationale to deny based on OPM's lack of claims jurisdiction rescinded by F-2101-I-01, 05/27/09
F-2101-13-02,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-03,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-04,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-05,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-06,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-07,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-08,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-09,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-10,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-11,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-12,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-13,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-14,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-15,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-16,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-17,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-18,
05/20/05,
PDF Format Text version
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt

Federal Wage System--2200 Information Technology Group

Case Issues Outcome
F-2210-12-01,
06/11/10,
PDF Format Text version
Information Technology Management
  • Exempt but believes work should be nonexempt
  • Remuneration for unpaid overtime at the rate of time-and-one-half
Bargaining unit position; OPM lacks claims jurisdiction

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-5306-11-01,
08/01/08,
PDF Format Text version
Air conditioning Equipment Mechanic
  • Back pay, penalty, and interest
Bargaining unit position; OPM lacks claims jurisdiction
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--5800 Transportation/Mobile Equipment Maintenance Family

Case Issues Outcome
F-5823-00-01,
05/05/09,
PDF Format Text version
Automotive Mechanic
  • West Virginia/Federal rate of pay for work while incarcerated
Claimant lacks standing; OPM lacks claims jurisdiction

Federal Wage System--6900 Warehousing and Stock Handling Family

Case Issues Outcome
F-6904-06-01, 05/17/06,
PDF Format Text version
Tool and Parts Attending
  • Suffer or permit
Due overtime and interest for uncompensated overtime work
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.

This page can be found on the web at the following url: http://www.opm.gov/flsa/table.asp