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Premium pay entitlements

  GS/FP Exempt GS/FP Nonexempt FWS Exempt FWS Nonexempt Notes
Maximum limitation on premium pay under 5 USC 5547 Total base pay and premium pay may not exceed GS-15, step 10 Total base pay and premium pay, not excluding overtime, are subject to maximum limitation N/A N/A LEOs see Appendix b
Overtime standards Hours of work in excess of 8 or in excess of 40 under Title 5 1st 40 - overtime is hours worked in excess of the first 40 provided the employee is performing pro-fessional/technical scientific or engineering work or has a basic rate in excess of GS-10/1. Hours of work in excess of 8 or in excess of 40 under Title 5; and in excess of 40 under FLSA 1st 40 - overtime is hours worked in excess of the first 40 provided the employee is performing pro-fessional/technical scientific or engineering work or has a basic rate in excess of GS-10/1. Hours of work in excess of 8 or in excess of 40 under Title 5 Hours of work in excess of 8 or in excess of 40 under Title 5; and in excess of 40 under FLSA LEOs see Appendix 3
Overtime rates If base pay exceeds the rate for GS-10/1, rate is limited to the overtime rate for GS-10/1 Paid at the FLSA overtime rate Paid at 1 2 times the hourly rate Paid at the FLSA overtime rate LEOs see Appendix 3
Irregular and occasional overtime Paid at the employee’s overtime rate. At the request of the employee, may be granted an equal amount of compensatory time. At the discretion of the head of an operating unit, an EXEMPT employee with a rate of basic pay in excess of the maximum for GS-10 may be granted an equal amount of compensatory time. Paid at the FLSA overtime rate. At the request of the employee, may be granted an equal amount of compensatory time. Paid at 1 2 times the hourly rate At the request of the employee, may be granted an equal amount of compensatory time. Paid at the FLSA overtime rate. At the request of the employee may be granted an equal amount of compensatory time. Heads of operating units may establish a time frame for using compensa-tory time after which it will be forfeited; however, a NON-EXEMPT employee must be paid at the FLSA overtime rate for any unused compensa-tory time.
Call-back (irregular or occasional) overtime See above See above See above See above Minimum compensation is 2 hours each time the employee is called back
Regularly scheduled overtime Paid at the employee’s overtime rate; not entitled to compensatory time unless on a flexible work schedule Paid at the FLSA overtime rate; not entitled to compensatory time unless on a flexible work schedule Paid at the employee’s overtime rate; not entitled to compensatory time unless on a flexible work schedule Paid at the FLSA overtime rate; not entitled to compensatory time unless on a flexible work schedule Overtime which is scheduled before the beginning of the week in which it is worked
Standby Annual premium pay in lieu of premium pay for regularly scheduled overtime; NTE 25% of the rate of basic pay for GS-10/1 Annual premium pay in lieu of premium pay for regularly scheduled overtime; NTE 25% of the rate of basic pay for GS-10/1 Paid under Title 5 at the hourly overtime rate for hours over 40 exclusive of eating or sleeping time Paid under Title 5 at the hourly overtime rate for hours over 40 exclusive of eating or sleeping time  
Administratively Uncontrollable Overtime (AUO) Annual premium pay in lieu of premium pay for irregular or occasional overtime; NTE 25% of the employee=s basic rate of pay Annual premium pay in lieu of premium pay for irregular or occasional overtime; NTE 25% of the employee=s basic rate of pay      
Availability Pay Annual premium pay to Criminal Investigators; 25% of the employee’s basic rate N/A N/A N/A For over-time which annually averages at least two hours daily. May not receive premium pay for irregular or occasional overtime work.
Night Differential 10% of rate of basic pay for regularly scheduled hours of work between 6 p.m. and 6 a.m., including regularly scheduled overtime 10% of rate of basic pay for regularly scheduled hours of work between 6 p.m. and 6 a.m., including regularly scheduled overtime 7.2 % of rate of basic pay when the majority of regularly scheduled non-overtime hours fall between 3 p.m. and midnight; 10% between 11 p.m. and 8 a.m. 7.2 % of rate of basic pay when the majority of regularly scheduled non-overtime hours fall between 3 p.m. and midnight; 10% between 11 p.m. and 8 a.m.  
Sunday Differential 25% of rate of basic pay for nonovertime hours of employee’s tour that begin or end on Sunday; NTE 16 hours 25% of rate of basic pay for nonovertime hours of employee’s tour that begin or end on Sunday; NTE 16 hours 25% of rate of basic pay for nonovertime hours of employee’s tour that begin or end on Sunday; NTE 16 hours 25% of rate of basic pay for nonovertime hours of employee’s tour that begin or end on Sunday; NTE 16 hours  
Holiday Premium Pay Additional pay at the hourly rate of basic pay for up to 8 nonovertime hours of the holiday worked Additional pay at the hourly rate of basic pay for up to 8 nonovertime hours of the holiday worked Additional pay at the hourly rate of basic pay for up to 8 nonovertime hours of the holiday worked Additional pay at the hourly rate of basic pay for up to 8 nonovertime hours of the holiday worked Employees on com-pressed (not flexible) work schedules get holiday pay for all non-overtime hours scheduled for the holiday
Hazard Pay/Environ-mental Differential Hazard Pay - GS only; percentage for the category of hazard times all hours in pay status for the day or designated work period that hazardous duty is performed. Hazard Pay - GS only; percentage for the category of hazard times all hours in pay status for he day or designated work period that hazardous duty is performed. Environmental Differential - FWS only; percentage for the category of hazard times the local rate for a regular non-supervisory WG-10/2. Payable on an actual exposure basis (1 hour minimum) or a shift basis (all hours of a shift). Environmental Differential - FWS only; percentage for the category of hazard times the local rate for a regular non-supervisory WG-10/2. Payable on an actual exposure basis (1 hour minimum or a shift basis (al hours of a shift). Employees receiving Standby or AUO may not receive hazardous duty pay per 5 U.S.C. 5545(c)(1) and (2).