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Pandemic FAQ

Question
[hypothetical] I am working from home because of a pandemic influenza. I chose to work 4 hours in addition to my regular 8-hours-per-day work schedule. May I receive overtime pay for the additional 4 hours I worked?
Answer
No, unless your agency required you to work the additional 4 hours. Overtime pay generally is required under the Fair Labor Standards Act (FLSA) and 5 CFR 551.501 when Federal FLSA-covered (nonexempt) employees are required to be on duty beyond 8 hours a day or 40 hours a week, assuming the supervisor knows of the work or has reason to believe the work is being performed. An FLSA-covered employee who is permitted to telework at home and chooses to work additional hours without the knowledge of his or her supervisor may not earn overtime pay as a result of “suffered or permitted” work. Employees on flexible work schedules may not earn overtime pay as a result of including "suffered or permitted" hours (under FLSA) as hours of work. (Under the “suffered or permitted” concept, any work in excess of 40 hours a week performed prior to or after established shift hours or during a prescribed lunch period by an employee for the benefit of the agency, whether requested or not, is working time if the manager or supervisor knows of the work or has reason to believe it is being performed.) For employees exempt from the FLSA, overtime pay generally is required by 5 U.S.C. 5542 when hours of work in excess of 8 hours a day or 40 hours during an administrative workweek are officially ordered or approved and performed by the employee. For other situations, please check with your servicing Human Resources Office.


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