This information applies to GS, FP, and FWS employees. NONEXEMPT employees should also see Section 16; FWS employees should also see Section 21. ES, FE and FO employees are ineligible for overtime.
"GS-10" wherever it appears in this section includes any applicable special rate of pay for law enforcement officers or special pay adjustment for law enforcement officers under Section 302, 403, or 404 of the FEPCA of 1990, respectively; a locality-based comparability payment under 5 U.S.C. 5304; any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law.
FLSA Exempt GS and FP Overtime Rates
If basic pay does not exceed the minimum for GS-10. For all FLSA EXEMPT GS and FP employees whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS-10, the overtime hourly rate of pay is one and one half times the employee's rate of basic pay.
If basic pay exceeds the minimum for GS-10. FLSA EXEMPT GS and FP employees (including EXEMPT law enforcement officers covered by sections 8311(20) or 8401(17) of Title 5) whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 will be paid the greater of:
- The hourly rate of basic pay for his or her position; or
- One and one half times the hourly rate for GS-10, step 1.
EXEMPT FWS employee overtime rate. An EXEMPT FWS employee will be paid overtime at one and one-half times his or her hourly rate of basic pay.
Nonexempt Overtime Rate
A NONEXEMPT employee will be paid overtime at:
- 1 x the FLSA straight time rate for all overtime hours,
- Plus 1/2 x the FLSA regular rate x all overtime hours.
Annuitant Overtime Rate
A civil service annuitant's overtime pay calculation is based on the scheduled rate of basic pay for the grade of the position to which he or she is appointed even when the rate of basic compensation paid the annuitant is reduced by the amount of the annuity.
Guarantee of Forty Hours Pay at the Basic Rate
The daily overtime rate and first 40-hour pay provisions notwithstanding, if an employee's basic 40 hour workweek includes a daily tour of duty of more than 8 hours and the employee's hourly rate of basic pay exceeds his or her hourly rate of overtime pay, he or she must be paid at his or her basic rate of pay for each hour of the daily tour of duty within the basic workweek. In this way the employee is guaranteed 40 hours at the basic rate.
Rate for Overtime Work on a Sunday or Holiday
An employee who works overtime on a Sunday or holiday will be compensated at the same rate as for overtime work performed on other days.
Overtime Rate - Experts and Consultants
To be eligible for overtime or holiday pay an expert or consultant paid under 5 U.S.C. 3109 must be authorized premium pay by contract. If paid a daily rate, as opposed to an annual rate, the expert or consultant may not be paid overtime since the per diem pay rate is applicable regardless of how few or how many hours are worked in a day (27 Comp. Gen. 776; 28 id. 519; and 46 id. 667.) However, there is nothing in law which precludes management's paying the daily rate for 6 consecutive days. To compute the daily rate, divide the annual rate by 2087 and multiply by 8.
Under 5 U.S.C. 3109 the daily rate is limited to the unadjusted maximum for GS-15 on the nationwide General Schedule. Unless authorized by statute other than 5 U.S.C. 3109, the total of basic pay, locality pay, and premium pay may not exceed the maximum payable to GS-15 on the unadjusted (nationwide) schedule on a biweekly basis. Aggregate compensation pay shall be limited to Executive Level IV when a rate higher than GS-15/10 is permitted by statute.