When Are Federal Employees Entitled to Overtime?

Many federal employees are entitled to overtime when they work more than 40 hours in a week. The Fair Labor Standards Act (FLSA) and Title 5 establish the overtime rules for federal workers, including (i) who are eligible to receive overtime pay, (ii) how overtime pay is calculated, and (iii) the remedies for overtime pay violations. If you believe the federal government has violated your right to overtime pay under the FLSA or Title 5, you will want to speak with an experienced federal employment lawyer about your legal rights promptly.

Overtime Pay for Federal Employees Under the FLSA

Most federal employees who are eligible to receive overtime pay are covered under the FLSA. The FLSA establishes the rules regarding minimum wage and overtime for workers in the federal sector. Regarding overtime, the FLSA establishes the following:

• Workweek –  Eligible employees are entitled to overtime pay when they work more than 40 hours in a workweek. A “workweek” is defined as “a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods.” As the U.S. Department of Labor (DOL) goes on to explain, a workweek “need not coincide with the calendar week, but may begin on any day and at any hour of the day . . . [and d]ifferent workweeks may be established for different employees.”
• Weekends and Holidays – Working on the weekend or during a holiday does not automatically entitle federal employees to overtime pay under the FLSA. The sole question for determining an eligible federal employee’s entitlement to overtime is whether he or she exceeds 40 hours of work in a workweek.
• Time-and-a-Half – For federal employees covered under the FLSA, overtime pay must be calculated as “not less than time and one-half their regular rates of pay.” This means that if a federal employee normally earns $20 per hour, his or her minimum overtime rate would be $30 per hour.
• Pay Day – When federal employees are entitled to overtime, they must “[n]ormally . . . be paid on the regular pay day for the pay period in which the wages were earned.” If you properly document your overtime hours and do not timely receive payment, you may be entitled to additional compensation.
• Damages and Time Limits for Claims – Under the FLSA, eligible federal employees who do not receive their overtime pay in a timely manner are entitled to back pay, double damages, and compensation for their legal fees and costs. However, federal employees must assert their legal rights under the FLSA within two years of the violation or three years if the violation was willful.

Who qualifies as an “eligible” federal employee under the FLSA? Generally speaking, FLSA overtime pay is available to federal employees who are “non-exempt.” Most non-exempt employees are paid on an hourly (as opposed to annual) basis, although there are some exceptions. To be “exempt” from overtime eligibility under the FLSA, federal employees must work in certain executive, administrative and professional (EAP) functions, and they must earn a certain minimum salary based on their role.

Overtime Pay for Federal Employees Under Title 5

While the FLSA’s overtime provisions generally apply to federal employees in non-EAP roles, Title 5 generally applies to federal employees in “exempt” positions whose hourly rate is below the GS-10 step one rate. Title 5 has additional restrictions for overtime pay eligibility as well. For example, under Title 5:

• Officially Ordered or Approved – Overtime pay is only available for “hours of work officially ordered or approved in excess of 8 hours in a day or 40 hours in an administrative workweek.” This includes hours approved for administratively uncontrollable overtime (AUO) pay.
• Overtime Hourly Rate – For employees covered under Title 5 whose hourly rate is not below the GS-10 step one rate, overtime pay is calculated as the greater of 1.5 times the GS-10 step one rate or their regular hourly rate of basic pay.
• Overtime Pay Caps – The amount of overtime that federal employees can earn under Title 5 is capped on a biweekly basis. There are also restrictions on federal employees receiving overtime pay and premium pay under Title 5.
• Special Rules for Certain Federal Employees – Title 5 establishes special rules for certain types of covered employees. These include (but are not limited to) special rules for law enforcement personnel, firefighters, and employees who are approved for AUO pay.
• Damages and Time Limits for Claims – Unlike FLSA violations, double damages are not available to federal employees who experience Title 5 overtime pay violations. However, Title 5 gives covered employees up to six years to assert their legal rights.

Even if you still have plenty of time to file a claim, if you have questions about your right to overtime pay under Title 5 or believe that you are entitled to unpaid overtime under Title 5, you should consult with an experienced federal employment lawyer promptly. Proving violations of the Title 5 overtime pay rules is often a time-intensive process, and delays can make it more difficult to prove violations in some cases.

What if I Have Been Improperly Denied Overtime Pay as a Federal Employee?

If you work for the federal government and are entitled to unpaid overtime, you can (and should) seek the damages noted above. For most federal employees, this means filing a claim with the Office of Personnel Management (OPM). An experienced federal employment lawyer will be able to assess your legal rights, help you make an informed decision about whether to file a claim and, if you decide to file, seek all appropriate damages on your behalf.

Schedule a Confidential Consultation with a Federal Employment Lawyer Today

Do you need to know more about enforcing your rights under the FLSA or Title 5 as a federal employee? If so, we invite you to schedule a confidential consultation at The Law Firm of J.W. Stafford. To speak with an experienced federal employment lawyer in confidence as soon as possible, please call 410-514-6099 or tell us how we can reach you online today.