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19 U.S.C. § 267Overtime and premium pay for customs officers

submitted 115 years ago by ch. 46 to r/title-19-CUSTOMS-DUTIES · 903 words · no verdicts yet

in plain englishAI-generated · not legal advice

Customs officers get double pay for overtime work beyond normal hours. They also get extra "premium pay" for night shifts, Sundays, and holidays. Total overtime and premium pay is capped at $25,000 a year per officer, with limited exceptions.

(a) Overtime pay. (1) A customs officer assigned to work over 40 hours in a week, or over 8 hours in a day, earns twice their normal hourly pay rate for that extra work — not counting any premium pay under subsection (b). (2) Special callback rules apply when an officer is called back to work: (A) Any callback work counts as lasting at least 2 hours, but only if it starts at least 1 hour after the officer's last shift ended and finishes at least 1 hour before the next shift begins. (B) The officer also gets paid for commuting time — 3 times their basic hourly rate — on top of the callback pay, unless the callback work starts within 16 hours of the officer's last shift or within 2 hours of the officer's next shift; in those cases, no commuting pay is owed. (b) Premium pay for customs officers. (1) Night work differential: officers whose regular shift falls mostly between 3 p.m. and midnight get 15 percent extra pay for that time; officers whose regular shift falls mostly between 11 p.m. and 8 a.m. get 20 percent extra; officers on a 7:30 p.m.-to-3:30 a.m. shift get 15 percent extra from 7:30 to 11:30 p.m. and 20 percent extra from 11:30 p.m. to 3:30 a.m. (These do not apply to work already covered by paragraph (2) or (3).) (2) Sunday differential: officers who work a regularly scheduled non-holiday Sunday get 50 percent extra pay. (3) Holiday differential: officers who work a regularly scheduled holiday get 100 percent extra pay. (4) None of this premium pay counts as overtime pay or as compensation for any other purpose. (c) Limitations. (1) In any fiscal year, an officer's combined overtime pay (including commuting pay) and premium pay cannot exceed $25,000 — though the Commissioner of Customs and Border Protection (or a designee) can waive this cap case by case, to avoid excessive costs or meet an emergency. (2) An officer who is paid overtime or premium pay under this section for particular work cannot also be paid for that same work under any other law. (d) Regulations. The Secretary of the Treasury must write regulations to stop two things: (1) misuse of callback work assignments and commuting-time pay, and (2) giving overtime disproportionately often to officers who are close to retirement. (e) Definitions. (1) "Customs officer" means someone performing the duties the Secretary of the Treasury has defined by regulation for a customs inspector or canine enforcement officer, consistent with Office of Personnel Management standards. (2) "Holiday" means any day made a holiday by federal statute or Executive order.
the actual law source: uscode.house.gov ↗public domain
(a) Overtime pay
(1) In general

Subject to paragraph (2) and subsection (c), a customs officer who is officially assigned to perform work in excess of 40 hours in the administrative workweek of the officer or in excess of 8 hours in a day shall be compensated for that work at an hourly rate of pay that is equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this paragraph, the hourly rate of basic pay for a customs officer does not include any premium pay provided for under subsection (b).

(2) Special provisions relating to overtime work on callback basis
(A) Minimum duration

Any work for which compensation is authorized under paragraph (1) and for which the customs officer is required to return to the officer’s place of work shall be treated as being not less than 2 hours in duration; but only if such work begins at least 1 hour after the end of any previous regularly scheduled work assignment and ends at least 1 hour before the beginning of the following regularly scheduled work assignment.

(B) Compensation for commuting time
(i) In general

Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (A) applies, the customs officer is entitled to be paid, as compensation for commuting time, an amount equal to 3 times the hourly rate of basic pay of the officer.

(ii) Exception

Compensation for commuting time is not payable under clause (i) if the work for which compensation is authorized under paragraph (1)—

(I)

does not commence within 16 hours of the customs officer’s last regularly scheduled work assignment, or

(II)

commences within 2 hours of the next regularly scheduled work assignment of the customs officer.

(b) Premium pay for customs officers
(1) Night work differential
(A) 3 p.m. to midnight shiftwork

If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 3 p.m. and ending at 12 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate.

(B) 11 p.m. to 8 a.m. shiftwork

If the majority of the hours of regularly scheduled work of a customs officer occurs during the period beginning at 11 p.m. and ending at 8 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.

(C) 7:30 p.m. to 3:30 a.m. shiftwork

If the regularly scheduled work assignment of a customs officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate for the period from 7:30 p.m. to 11:30 p.m. and at the officer’s hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate for the period from 11:30 p.m. to 3:30 a.m.

(2) Sunday differential

A customs officer who performs any regularly scheduled work on a Sunday that is not a holiday is entitled to pay for that work at the officer’s hourly rate of basic pay plus premium pay amounting to 50 percent of that basic rate.

(3) Holiday differential

A customs officer who performs any regularly scheduled work on a holiday is entitled to pay for that work at the officer’s hourly rate of basic pay plus premium pay amounting to 100 percent of that basic rate.

(4) Treatment of premium pay

Premium pay provided for under this subsection may not be treated as being overtime pay or compensation for any purpose.

(c) Limitations
(1) Fiscal year cap

The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.

(2) Exclusivity of pay under this section

A customs officer who receives overtime pay under subsection (a) or premium pay under subsection (b) for time worked may not receive pay or other compensation for that work under any other provision of law.

(d) Regulations

The Secretary of the Treasury shall promulgate regulations to prevent—

(1)

abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and

(2)

the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement.

(e) Definitions

As used in this section:

(1)

The term “customs officer” means an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspector or canine enforcement officer. Such functions shall be consistent with such applicable standards as may be promulgated by the Office of Personnel Management.

(2)

The term “holiday” means any day designated as a holiday under a Federal statute or Executive order.

Source credit: (Feb. 13, 1911, ch. 46, § 5, 36 Stat. 901; Feb. 7, 1920, ch. 61, 41 Stat. 402; Pub. L. 91–271, title III, § 316, June 2, 1970, 84 Stat. 293; Pub. L. 103–66, title XIII, § 13811(a), Aug. 10, 1993, 107 Stat. 668; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

history & why it existsrecord from the source credit
  • 1911Enacted · Act of Feb. 13, 1911, ch. 46 · 36 Stat. 901
  • 1920Amended · Act of Feb. 7, 1920, ch. 61 · 41 Stat. 402
  • 1970Amended · Pub. L. 91-271 · 84 Stat. 293
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 668
  • 2016Amended · Pub. L. 114-125 · 130 Stat. 210

A history note hasn’t been published yet. The record shows enactment by ch. 46 on 1911-02-13.

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