5 U.S.C. § 6128 — Compressed schedules; computation of premium pay
submitted 44 years ago by Pub. L. 97-221 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 356 words · no verdicts yet
Compressed schedules; computation of premium pay. This section states the specific rules, conditions, permissions, and exceptions described in its text.
(a) The provisions of sections 5542(a) and 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act ( 29 U.S.C. 207), or any other law, which relate to premium pay for overtime work, must not apply to the hours which constitute a compressed schedule. (b) In the case of any full-time employee, hours worked more than the compressed schedule must be overtime hours and must be paid for as provided by the relevant provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay must begin to be paid after that number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. (c) Despite section 5544(a) or 5546(a) of this title, or any other relevant provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, that employee is entitled to pay for work performed during the entire tour of duty at the rate of that employee’s basic pay, plus premium pay at a rate equal to 25 percent of that basic pay rate. (d) Despite section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday specified by Federal statute or Executive order is entitled to pay at the rate of that employee’s basic pay, plus premium pay at a rate equal to that basic pay rate, for that work which is not more than the basic work requirement of that employee for that day. For hours worked on that a holiday more than the basic work requirement for that day, the employee is entitled to premium pay under the provisions of section 5542(a) or 5544(a) of this title, as relevant, or the provisions of section 7 of the Fair Labor Standards Act ( 29 U.S.C. 207) whichever provisions are more beneficial to the employee.
The provisions of sections 5542(a) and 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule.
In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
Notwithstanding section 5544(a) or 5546(a) of this title, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee’s basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate.
Notwithstanding section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee’s basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of this title, as applicable, or the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 207) whichever provisions are more beneficial to the employee.
Source credit: (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 230; amended Pub. L. 102–40, title IV, § 403(c)(3), May 7, 1991, 105 Stat. 240; Pub. L. 102–378, § 2(44)(E), Oct. 2, 1992, 106 Stat. 1352.)
- 1982Enacted · Pub. L. 97-221 · 96 Stat. 230
- 1991Amended · Pub. L. 102-40 · 105 Stat. 240
- 1992Amended · Pub. L. 102-378 · 106 Stat. 1352
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-221 on 1982-07-23.
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