Fair Labor Standards Act Decision
Under section 204(f) of title 29, United States Code
Claimant: [name]
Agency classification: Letter Carrier
Organization: Woosley Station
U.S. Postal Service (USPS)
Long Island City, New York
Claim: Wages adjusted, seniority and back
wages due to starting at a lower rate
OPM decision: Denied; Lack of jurisdiction
OPM decision number: F-USPS-01
Fair Labor Standards Act Decision 
Under section 204(f) of title 29, United States Code 
Claimant: [name] 
Agency classification: Letter Carrier 
Organization: Woosley Station 
U.S. Postal Service (USPS) 
Long Island City, New York 
Claim: Wages adjusted, seniority and back 
wages due to starting at a lower rate 
OPM decision: Denied; Lack of jurisdiction 
OPM decision number: F-USPS-01 

 

 

 /s/ 

 _____________________________ 

 Robert D. Hendler 

Classification and Pay Claims 

 Program Manager 

 Merit System Audit and Compliance 

 

 May 7, 2010 

 _____________________________ 

 Date


As provided in section 551.708 of title 5, Code of Federal Regulations (CFR), this decision is 
binding on all administrative, certifying, payroll, disbursing, and accounting officials of agencies 
for which the U.S. Office of Personnel Management (OPM) administers the Fair Labor 
Standards Act (FLSA). The agency should identify all similarly situated current and, to the 
extent possible, former employees, and ensure that they are treated in a manner consistent with 
this decision. There is no right of further administrative appeal. This decision is subject to 
discretionary review only under conditions and time limits specified in 5 CFR 551.708. The 
claimant has the right to bring action in the appropriate Federal court if dissatisfied with the 
decision. 

 

Decision sent to: 

 

[name and address] 

 

 


Introduction 

 

On February 16, 2010, the OPM’s component Merit System Audit and Compliance received a 
letter from [name] seeking to have his “present wages and annual adjusted plus [his] seniority 
and back wages that is owed based on the Post Office starting [him] at a lower rate.” He is 
employed as a Letter Carrier at the Woosley Station in Long Island City, New York. The 
claimant seeks confidentiality and states he is contacting OPM because “even though [he is] part 
of a collective bargaining agreement there is no grievance procedure for [his] situation.” In his 
April 3, 2010, email seeking status on the response to his letter, the claimant identifies his 
request as an “FLSA claim.” 

 

In reaching our FLSA decision, we have carefully reviewed all information furnished by the 
claimant. 

 

Jurisdiction 

 

OPM administers the FLSA claims program for certain Federal employees under the authority of 
section 204(f) of title 29, United States Code (U.S.C.). However, as stated in 29 U.S.C. § 204 
(f), the: 

 

Director of the Office of Personnel Management is authorized to administer the 
provisions of this chapter with respect to any individual employed by the United States 
(other than an individual employed in the Library of Congress, United States Postal 
Service, Postal Regulatory Commission, or the Tennessee Valley Authority). 

 

Thus, Postal Service employees like the claimant are statutorily excluded from OPM’s FLSA 
jurisdiction. Furthermore, OPM does not have any authority to investigate or settle claims made 
against an agency which has independent settlement authority under the law. The applicable law 
in this case, 39 U.S.C. § 2008(c), authorizes USPS to consider and settle all claims made against 
it. Therefore, OPM does not have the authority to consider or settle claims from current or 
former USPS employees or intervene in such matters. 

 

Although we may not render a decision on this claim, we note the claimant’s request for OPM 
action with regard to seniority and pay setting is misplaced. The FLSA provides for minimum 
wage, overtime pay, and child labor protections. It does not cover the setting of pay, seniority 
disputes, or the interpretation of union contracts. 

 

Decision 

 

The claim is denied due to lack of jurisdiction.