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In This Section

Pay & Leave Claim Decisions

 

Fair Labor Standards Act Overview

These pages summarize the Fair Labor Standards Act (FLSA) and how the U.S. Office of Personnel Management (OPM) applies it to current and former employees of the United States Federal Government.  For convenience, the phrase "current and former employees of the United States Federal Government" may be shortened to "Federal employees."  Throughout these pages, "you" refers to a Federal employee, and "we" or "us" refers to OPM.

If you are NOT a current or former employee of the United States Federal Government, these pages do not apply to you. Please read the Who does what? page or go to the Wage and Hour Division of the Employment Standards Administration in the United States Department of Labor.

Cautionary Note

You should be aware that there might be a delay between official publication of materials and their change or appearance on these pages. We will make every effort to correct errors that come to our attention.

You must file an FLSA claim in writing because the claim must have an original signature by you or your duly appointed (in writing) representative. Additionally, an FLSA claim frequently must include contains supporting documentation such as position descriptions, organizational charts, time and attendance cards, and sign in/out logs, that are not available electronically.

Exempt Employee vs. Nonexempt Employee

FLSA Exempt Employee
One who is not covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA or Act).
FLSA Nonexempt Employee
One who is covered by the minimum wage and overtime provisions of the Act.

Requesting Confidentiality

If you want the FLSA claim you file with OPM to be treated confidentially (that is, if you do not want us to reveal your name to the agency), you must specifically state in your claim that your identity is not to be revealed. Witnesses or other sources may also request confidentiality. We will make every effort to conduct our investigation in a way to keep from revealing your name. If we are unable to get enough information to make a decision without revealing your name, we will notify you that your claim will be cancelled with no further action by us unless you voluntarily give us written permission to reveal your name.

Fact Finding and Decision

Our claim decision is based on information supplied by you and your agency. If we need additional information, we will call, write, or visit the work site. If we conduct an interview with you, you will be the only person to participate unless we ask another person to participate. If necessary, we will interview others who may have information pertinent to resolving the issues of your claim.

Once we make a decision, we will notify both your agency and you or your representative in writing.

Compensation and Leave Claims

Compensation and leave claims generally are made under either title 5 of the United States Code or the Fair Labor Standards Act (FLSA).

If you have general questions about a particular FLSA issue, please contact OPM at 202-606-7948.

Cancellation or Withdrawl of a Claim

You or your duly appointed representative may request to withdraw your claim at any time before we issue a decision.

We may cancel your claim if you or your designated representative fail to provide requested information.

About Claim Decisions

The FLSA Claim Decisions Table lists decisions in order by the occupational series code of the claimaint, or you may use our search engine to find decisions that may be of interest to you.

You must submit an FLSA claim in writing.

Earlier Decisions

Earlier FLSA claim decisions are not available electronically. Paper copies of decisions still in our system of records may be obtained through a Freedom of Information Act request. Submit the request to Classification and Pay Claims Program Manager, Merit System Audit and Compliance, Office of Personnel Management, 1900 E Street, NW., Room 6484, Washington, DC 20415. The request should state that it is a Freedom of Information Act request and describe the requested decisions by occupational series and grade(s), the time period, and if applicable, the agency. For example, "all decisions for GS-0318 positions at grades 6 and 7 in the Department of Agriculture from 1995 to the present."

How to Use Our FLSA Claim Decisions

The FLSA claim decisions posted on these pages do not substitute for application of our FLSA regulations and are not "case law." These decisions should not be used as the basis for other FLSA claims because these decisions do not provide enough information for direct application in other FLSA claims.

Cautions

These decisions are provided with the following cautionary notes.

  • You must keep in mind that the decisions are taken out of context. The claim file is not provided to supplement the decision.
  • Each decision relates to a specific position and may not provide an appropriate basis for extrapolation to other positions.
  • Each decision provides an interpretation of our FLSA exemption criteria and regulations that we believe are appropriate for the circumstances of the claim in question. This interpretation may not be appropriate for other claims given different ways similar work is accomplished and the specific conditions associated with the work of the position being considered.

Deleted Information

Some information, such as the claimant's name and organizational information that might identify the claimant, in these FLSA claim decisions has been withheld under exemption 6 of the Freedom of Information Act (section 552(b)(6) of title 5, United States Code).  Exemption 6 allows information in personnel and medical files to be withheld if disclosing the information would be a "clearly unwarranted invasion of personal privacy."  Text in brackets indicates where information has been withheld under this exemption, for example [claimant's name] or [claimant's supervisor].

FLSA Claim Decision Numbers

An OPM decision number identifies decisions. The 9-position decision number is made up of F (for FLSA), the 4-digit occupational series of the claimant's position, the claimant's grade, and the decision number for that particular series and grade; for example, F-0802-11-02 is the second decision we issued for a claimant who was a GS-802-11 Engineering Technician.

Order of Decisions

The decisions in the FLSA Decisions Table are listed in order by occupational series and within series by grade.

Questions

Because of the detailed information required and the fact finding and analysis work we must do in an FLSA claim case, we cannot respond to specific questions about your individual situation. Specific questions about your pay or leave entitlement, including FLSA matters, should be addressed to your agency's servicing human resources office. Check out our contact page for the address for Federal employee FLSA claims filed with OPM.

Claim Decisions

OPM Decisions 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.

General Schedule--0000 Miscellaneous Occupations Group
CaseIssuesOutcome
F-USPS-01
05/07/10
Unspecified Services
  • Setting of pay, seniority, contract interpretation
OPM lacks subject matter and claims jurisdiction
F-0000-00-01
05/18/09
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
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
Transportation Security Screener
  • Overtime pay for 20 hours of overtime worked
No change: Remains exempt
F-0007-11-01
07/31/00
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Guide
  • Back pay for time spent in training
  • Flexible work schedule
Claimant not on valid maxiflex schedule; additional pay is due

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General Schedule--0200 Human Resources Management Group
CaseIssuesOutcome
F-0201-07-01
05/15/05
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
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
Equal Employment Opportunity
  • Overtime pay for time spent traveling
Claimant due overtime pay for certain hours of travel

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General Schedule--0300 General Administrative, Clerical, and Office Services Group
CaseIssuesOutcome
F-0301-10-01
01/12/98
(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
(no title)
  • Exempt but believes should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-0303-06-01
05/31/01
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
Computer Specialist
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-0343-14-01
12/18/07
Program Analyst
  • Exempt but believes should be nonexempt
  • Administrative exemption
No change: Remains exempt

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General Schedule--0400 Biological Sciences Group
CaseIssuesOutcome
F-0457-11-01
06/28/02
Soil Conservationist
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-0470-11-01
06/18/03
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

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General Schedule--0500 Accounting and Budget Group
CaseIssuesOutcome
F-0560-11-01
07/05/07
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
Credit Union Examiner
  • Professional exemption
  • Compensation for travel time
No change: Remains exempt

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General Schedule--0600 Medical, Hospital, Dental, and Public Health Group
CaseIssuesOutcome
F-0610-09-01
07/01/09
Clinical Nurse
  • Exempt but believes should be nonexempt
  • Professional exemption
  • Primary duty test
No change: Remains exempt
F-0640-09-01
07/03/01
Health Aid and Technician
  • Compensation for travel time
No change: Remains nonexempt
Overtime pay is due
F-0681-04-01
07/19/00
Dental Assistant
  • Attorney fees
  • On-call duty
  • Pagers
  • Standby duty
On-call status is not hours of work under FLSA
No overtime pay due

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General Schedule--0800 Engineering and Architecture Group
CaseIssuesOutcome
F-0802-11-01
11/12/97
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
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
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
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
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
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
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
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
Architecture
  • Professional exemption
Changed: Was nonexempt, now exempt
F-0809-03-01
11/30/09
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Civil Engineering
  • Emergency work
  • Administrative exemption
No change: Work performed covered by administrative exemption
F-0810-12-02
06/16/99
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
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
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
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
Electronics Engineering
  • Administrative exemption
  • Emergency work
Changed: Became nonexempt during emergency work
Overtime pay is due
F-0855-12-02
09/02/99
Electronics Engineering
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-0855-12-03
04/15/02
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
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
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
Electronics Technician
  • Professional exemption
No change: Remains exempt
F-0856-11-04
10/05/01
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
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
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
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
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

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General Schedule--0900 Legal and Kindred Group
CaseIssuesOutcome
F-0986-07-01
09/15/08
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

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General Schedule--1100 Business and Industry Group
CaseIssuesOutcome
F-1101-03-01
06/01/00

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
Contracting
  • Overtime pay
  • Compensatory time
Exempt employee; claim barred by res judicata
F-1102-09-01
07/21/99
Contracting
  • Travel on workdays and nonworkdays
  • Preserving the claim period
  • Statute of limitations
  • Willful violation
Overtime pay is due

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General Schedule--1600 Equipment, Facilities, and Services Group
CaseIssuesOutcome
F-1670-02-01
01/11/10
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
Equipment Specialist
  • Administrative exemption
  • Exempt but believe should be nonexempt
  • Settlement agreement
Changed: Was exempt, now nonexempt
Overtime pay is due

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General Schedule--1800 Investigation Group
CaseIssuesOutcome
F-1801-09-01
02/20/97
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
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
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
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
General Inspection, Investigation, and Compliance
  • Administrative exemption
  • Exempt but believes should be nonexempt
No change: Remains exempt
F-1801-13-01
01/02/97
General Inspection, Investigation, and Compliance
  • Administrative exemption
  • Exempt but believe should be nonexempt
No change: Remains exempt
F-1801-13-02
01/02/97
General Inspection, Investigation, and Compliance
  • Administrative exemption
  • Exempt but believe should be nonexempt
No change: Remains exempt
F-1802-07-01
10/29/98
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
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
Compliance Inspection and Support
  • Willful violation
Willful violation did not occur
F-1802-10-01
07/15/08
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Air Safety Investigating
  • Administrative exemption
  • Exempt but believe should be nonexempt
No change: Remains exempt
F-1825-13-01 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
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
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
Border Patrol Enforcement
  • Exempt but believes work should be nonexempt
  • Executive exemption
  • Administrative exemption
Changed: Was exempt, now nonexempt; additional overtime pay is due

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General Schedule - 1900 Quality Assurance, Inspection, and Grading Group
CaseIssuesOutcome
F-1910-11-01
04/15/02
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
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
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
Quality Assurance Specialist
  • Travel outside scheduled work hours
  • Travel in connection with training
  • Travel outside duty station
Overtime pay is due

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General Schedule--2100 Transportation Group
CaseIssuesOutcome
F-2101-H-01
01/16/02
Transportation Specialist
  • Exempt but believes should be nonexempt
Changed: Was exempt, now nonexempt
F-2101-H-02
05/09/06
Transportation Specialist
  • Overtime for time spent traveling
Denied; hours claimed are not compensable as hours of work
F-2101-I-01
05/27/09
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
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
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-03
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-04
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-05
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-06
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-07
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-08
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-09
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-10
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-11
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-12
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-13
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-14
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-15
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-16
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-17
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt
F-2101-13-18
05/20/05
Transportation Specialist
  • Exempt but believes work should be nonexempt
  • Administrative exemption
No change: Remains exempt

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Federal Wage System--2200 Information Technology Group
CaseIssuesOutcome
F-2210-12-01
06/11/10
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

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FEDERAL WAGE SYSTEM

Federal Wage System--2600 Electronic Equipment Installation and Maintenance Family
CaseIssuesOutcome
F-2604-11-04
08/21/00
Electronics Mechanic
  • Travel on workdays and nonworkdays
Overtime pay due

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Federal Wage System--3500 General Services and Support Work Family
CaseIssuesOutcome
F-3502-02-01
03/10/97
Laboring
  • Back pay
No back pay is due

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Federal Wage System--5300 Industrial Equipment Maintenance Family
CaseIssuesOutcome
F-5306-11-01
08/01/08
Air conditioning Equipment Mechanic
  • Back pay, penalty, and interest
Bargaining unit position; OPM lacks claims jurisdiction
F-5334-08-01
11/03/99
Marine Machinery Mechanic
  • Travel on workdays and nonworkdays
No overtime pay is due

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Federal Wage System--5400 Industrial Equipment Operation Family
CaseIssuesOutcome
F-5408-09-01
10/13/98
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

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Federal Wage System--5700 Transportation/Mobile Equipment Operation Family
CaseIssuesOutcome
F-5729-05-01
01/31/02
Drill Rig Operating
  • "First 80"
  • Maxiflex schedule
No change: Remains nonexempt
Overtime pay due

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Federal Wage System--5800 Transportation/Mobile Equipment Maintenance Family
CaseIssuesOutcome
F-5823-00-01
05/05/09
Automotive Mechanic
  • West Virginia/Federal rate of pay for work while incarcerated
Claimant lacks standing; OPM lacks claims jurisdiction

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Federal Wage System--6900 Warehousing and Stock Handling Family
CaseIssuesOutcome
F-6904-06-01
05/17/06
Tool and Parts Attending
  • Suffer or permit
Due overtime and interest for uncompensated overtime work
F-6907-05-01
08/06/98
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

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Federal Wage System--7400 Food Preparation and Serving Family
CaseIssuesOutcome
F-7404-05-01
08/06/98
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
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

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Contact Us

Before you email us...

Talk with your supervisor.  Your Fair Labor Standards Act (FLSA) exemption status indicates whether you are nonexempt (covered by the FLSA) or exempt (not covered by the FLSA).  If you think your FLSA exemption status or FLSA overtime pay is not correct or if you are concerned about the application of the child labor provisions of the FLSA, please review published FLSA regulations; then speak with your supervisor.

Talk with your human resources office.  If you have questions your supervisor cannot answer, please speak with someone in your human resources office.  Each agency applies the appropriate pay and leave policies for its own employees, including setting internal policies and procedures as needed.  The Office of Personnel Management does not keep personnel records of employees in other agencies.  You should first attempt to resolve individual FLSA, pay, and leave problems with your employing agency.  Because of the detailed information required and the investigative work we must do in FLSA cases, we cannot respond to specific questions about your individual FLSA situation.  Specific questions about your individual pay or leave entitlement, including FLSA overtime pay matters, should be addressed to your agency's human resources office.

Then...

If you want to file an FLSA complaint or claim after talking with your supervisor and your human resources office, remember that an FLSA claim or complaint must be filed in writing.

Otherwise...

General inquiries about Federal pay and leave policies and programs (including FLSA overtime pay) may be sent to payleave@opm.gov.  General inquiries about how the child labor provisions or exemption criteria of the Fair Labor Standards Act apply to current and former employees of the Federal Government and about how to file a claim under the Fair Labor Standards Act may be sent to federal_FLSA@opm.gov.


OPM Address for Federal Employee FLSA Information and Claims

If you are NOT required to file your FLSA claim using a negotiated grievance procedure, you may file your claim to either the agency employing you during the claim period or to the U.S. Office of Personnel Management (OPM), but not both at the same time.

If you decide to file an FLSA claim with OPM, you must file the claim in writing with OPM at the address below. This highlighted link will take you to a page which lists the information that you should include in your FLSA claim. You may send comments or general questions to us electronically.

Phone
202-606-7948*
Mailing Address
Classification and Pay Claims Program Manager
Merit System Audit and Compliance
Office of Personnel Management
1900 E Street, NW, Room 6484
Washington, DC 20415

* Hearing impaired users may utilize the Federal Relay Service by dialing 1-800-877-8339** to reach a Communications Assistant (CA). The CA will dial the requested number and relay the conversation between a standard (voice) telephone user and text telephone (TTY) user.

** Visiting the Federal Relay Service website will provide access to additional Toll-Free and Toll Access Numbers.

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