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INDEX TO DEFENDANT'S EXHIBITS Exhibit 1: Wage & Hour Opinion Letter dated May 13, 1983 Exhibit 2: Wage & Hour Opinion Letter dated August 8, 1983 Exhibit 3: Affidavit of Jo Ann E. Mitchell Exhibit 4: Memorandum from Assistant Postmaster General dated February 26, 1992 Exhibit 5: Postal Service Employee & Labor Relations Manual §§ 431-439.2 Exhibit 6: FPM Letter 551-1, Attachment 5, Example 4 Exhibit 7: McQuigg v. Tisch, No. A83-092 (April 30, 1987)
Modification P00006 ................................................................................................................ A49 Memorandum and Attachments, March 2, 1998 ...................................................................... A51 Memorandum, September 1, 1998 ............................................................................................ A56 Memorandum, June 17, 1998 .................................................................................................... A57 Letter, April 13, 1998 ............................................................................................................... A59 Modification P00007 ................................................................................................................ A61 Memorandum and Attachment, April 20, 1998 ........................................................................ A63 Memorandum, June 15, 1999 .................................................................................................... A66 Letter, May 26, 1999 ................................................................................................................. A67 Letter, May 18, 1999 ................................................................................................................. A68 Final Invoice ............................................................................................................................. A69 Settlement Agreement and Mutual Release and Attachments .................................................. A72 Certified Claim, Excerpts ......................................................................................................... A80
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EXHIBIT 1
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EXHIBIT 2
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EXHIBIT 3
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EXHIBIT 4
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EXHIBIT 5
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Pay Administration Basic and Special Pay Provisions
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Index
432.111
430 Basic and Special Pay Provisions
431
Scope
This subchapter establishes the conditions and procedures for determining eligibility for and computation of basic hours of work and pay, overtime pay, special pay premiums, and allowances to bargaining unit employees where their labor agreement does not provide specific conditions and procedures and to nonbargaining unit employees except Inspection Service employees covered by law enforcement provisions and Office of Inspector General employees.
432 432.1 432.11 432.111
General Definitions and Provisions
Employee Classifications
Regular Work Force
Bargaining Unit Employees
Bargaining unit employees are categorized as follows: a. b. Full-time employees -- career annual rate employees who are assigned to work schedules of five 8-hour days in a service week. Part-time employees -- employees categorized as one of the following: (1) Part-time regular employees -- career hourly rate employees who are assigned to work regular schedules of less than 40 hours in a service week. Part-time flexible employees -- career hourly rate employees who are available to work flexible hours as assigned by the Postal Servicet during the course of a service week.
(2)
c.
Rural carriers -- employees categorized as one of the following (although only regular rural carriers and rural carrier associates may be added to the rolls): (1) Regular rural carriers -- career annual rate employees assigned to established rural routes on the basis of triweekly, 5, 5 1/2, or 6 days in a service week. Rural carrier associates (RCAs) (hired on or after 04/11/87); rural carrier reliefs (hired between 7/21/81 and 11/12/86); or substitute rural carriers (hired prior to 7/21/81) -- noncareer employees with an indefinite appointment are assigned as leave replacements on one to three established rural routes during the absence of the regular rural carriers. RCAs or substitute rural carriers also may be temporarily assigned (a) to vacant rural routes pending the selection of regular rural carriers, (b) to routes for which the regular carrier is on extended leave, (c) to auxiliary routes as auxiliary rural carriers, or (d) as auxiliary assistants. Auxiliary rural carriers (hired prior to 1981) -- employees who serve auxiliary rural routes (those not designated as regular rural routes). Normally, such positions are filled by the temporary
(2)
(3)
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Pay Administration Basic and Special Pay Provisions assignment of substitute rural carriers or rural carrier associates, or by rural carrier relief employees. However, if these are not available, qualified noncareer hourly rate employees may be appointed for a limited term.
432.112
Nonbargaining Unit Employees
Nonbargaining unit employees are categorized as follows: a. Full-time salaried -- one of the following categories of salaried employees employed according to procedures established by the Postal Service: (1) Exempt salaried -- career employees who are exempt from the FLSA provisions, are not limited to working a specified number of hours in a service week, and are expected to work or have excused leave for at least 40 hours per week fulfilling the responsibilities of their positions. Special Exempt - career employees who are exempt from the Fair Labor Standards Act (FLSA) provisions, whose permanent assignments are to Executive and Administrative Schedule (EAS)-15 through -18 positions, and who directly supervise two or more equivalent bargaining unit employees in production operations. Nonexempt salaried -- career employees who are not exempt from (i.e., are covered by) FLSA provisions and are assigned to work schedules consisting of five 8-hour days in a service week.
(2)
(3)
b.
Part-time salaried -- career hourly rate employees assigned to regular work schedules of less than 40 hours in a service week.
432.12
Supplemental Work Force
All employees in the supplemental work force are nonbargaining unit employees and are categorized as follows: a. Casual employees -- noncareer employees with limited term appointments used as a supplemental work force, as described in the applicable national agreements or in other Postal Service collective bargaining agreements, who perform duties assigned to bargaining unit positions. Temporary employees -- noncareer employees with a limited term appointment up to but not to exceed 1 year who perform duties that are assigned to nonbargaining unit positions. Leave replacements -- noncareer hourly rate employees with unlimited term appointments who are employed as relief or leave replacements during the absence of postmasters. Temporary relief carriers -- noncareer employees with limited term appointments who provide service as rural carrier leave replacements on regular or auxiliary routes or provide auxiliary assistance on regular routes.
b.
c.
d.
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432.22
Transitional Work Force
Employees in the transitional work force are noncareer bargaining unit employees categorized as transitional employees (TEs) and utilized in accordance with the terms of their respective collective bargaining agreements. They are hourly rate employees hired for terms designated in the appropriate national bargaining agreement.
432.2 432.21
Rates of Pay
Basic Rate
The basic rate is the amount of annual, daily, or hourly salary provided by the applicable salary schedule for an employee's assigned position -- excluding TCOLA, overtime, EAS additional pay, out-of-schedule premium, Sunday premium, holiday-worked pay, night differential. Basic daily and hourly rates are determined by dividing the basic annual rate (BAR) as shown in the table below (see also 432.23). a. b. Basic annual rate (BAR). Basic daily rate:
Type Schedule (1) FLSA-exempt Postmasters (2) Regular rural carriers (a) On H or M route (6-day work week) (b) On J route (5 1/2-day work week) (c) On K route (5-day work week) (3) Substitute rural carriers (a) On H or M route (b) On J route (c) On K route BAR/302 BAR/276 BAR/250 BAR/312 BAR/286 BAR/260 Calculation BAR/260
c.
Basic hourly rate:
Type Schedule (1) Full-time and part-time regular employees (2) Part-time flexible and transitional employees (a) For calculation of straight time pay, night differential, and Christmasworked only (b) For calculation of overtime, EAS additional pay, and all other premiums BAR/2000 Calculation BAR/2080
BAR/2080
432.22
Regular Rate
The regular rate is defined by the Fair Labor Standards Act (see 444.21).
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Pay Administration Basic and Special Pay Provisions
Rounding of Rates
In computing individual earnings, the daily or hourly rate is calculated from the annual rate to four decimal places. The fourth place is rounded up to the next higher figure if the fifth place is 5 or more. Total earnings are rounded to the nearest cent, counting one-half or more as a whole cent and dropping less than one-half cent.
432.3 432.31
Work Schedules and Overtime Limits
Basic Work Week
The basic workweek for full-time bargaining unit employees is defined in the applicable labor agreements. Postmasters and exempt employees are assigned as needed. Otherwise, the basic full-time workweek consists of 5 regularly scheduled 8-hour days within a service week. Note: The daily 8-hour schedule may not extend over more than 10 consecutive hours.
432.32
Maximum Hours Allowed
Except as designated in labor agreements for bargaining unit employees or in emergency situations as determined by the postmaster general (or designee), employees may not be required to work more than 12 hours in 1 service day. In addition, the total hours of daily service, including scheduled workhours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours. Postmasters and exempt employees are excluded from these provisions.
432.33
Mealtime
Except in emergency situations or where service conditions preclude compliance, no employee may be required to work more than 6 continuous hours without a meal or rest period of at least 1/2 hour.
432.34
Postmasters
A full-time postmaster is scheduled to work a 40-hour workweek. Normally, this regular work schedule is set at 8 hours a day and 5 days a week, Monday through Friday. When a nonexempt postmaster is required to work on the sixth day because relief is not available, premium pay at 150 percent of the postmaster's basic salary is paid for this time. Equivalent time off from work is not authorized to avoid the payment of this premium. Thus, either nonbargaining rescheduling premium or the better of postal or FLSA overtime, as appropriate, is paid.
432.4 432.41
Service Periods
Pay Period
A pay period begins on Saturday and ends on Friday. Each pay period comprises 2 service weeks.
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Service Week
A service week is the calendar week beginning at 12:01 a.m. Saturday and ending at 12:00 midnight the following Friday. This service week remains fixed regardless of the schedule of hours worked by individual employees.
432.43
Service Day
The service day is a calendar day, 12:01 a.m. to 12 midnight. An employee's service day depends on his or her schedule, as follows: a. Full-Time Employees. For a full-time employee whose regular schedule begins at 8:00 p.m. or later, the service day is the next calendar day, and all workhours (including preshift workhours), as well as leave hours, are recorded on that calendar day. If the employee's regular schedule begins prior to 8:00 p.m., the service day is the calendar day on which the schedule begins, and all work and leave hours are recorded on that calendar day. Part-Time Employees. For all part-time employees who begin work or leave at 8:00 p.m. or later, the service day is the next calendar day and all hours are recorded on that calendar day. If such employees begin work or leave prior to 8:00 p.m., the service day is the calendar day on which they begin work or leave, and all hours are recorded on that calendar day. Casual and Temporary Employees. For casual and temporary employees who begin work at 8:00 p.m. or later, the service day is the next calendar day and all hours are recorded on that calendar day. If such employees begin work prior to 8:00 p.m., the service day is the calendar day on which they begin work, and all hours are recorded on that calendar day.
b.
c.
432.44
FLSA Workweek
See 444.23.
432.45
Work Assignments
In order to comply with the postal policy of basing pay on hours worked in a service day, managers must assign the workhours of employees in such a manner that (a) employees do not perform continuous work that is reported in 2 different service days and (b) any scheduling changes cannot be construed as an intent to evade the payment of overtime under the provisions of the FLSA (see 444.231).
432.46 432.461
Five-Minute Leeway Rule
Explanation
Although each employee at installations with time recording devices is required to clock in and clock out on time, congestion at time clocks or other conditions can sometimes cause clock time to vary slightly from the established work schedule. Therefore, a deviation may be allowed from the scheduled time for each clock ring up to 0.08 hour (5 minutes). However, the sum of the deviations for the scheduled tour must not exceed 0.08 hour (5 minutes).
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Pay Administration Basic and Special Pay Provisions
Applicability
This 5-minute leeway rule applies only to full-time and part-time regular schedule employees. Part-time flexible, casual, transitional, and temporary employees are allowed the 5-minute privilege for clocking purposes, subject to ELM 432.464b, but are paid on the basis of their actual clock rings. The 5-minute leeway rule applies only to the scheduled tour of duty. If an employee works in an overtime status that is contiguous with the scheduled tour, the 5-minute leeway rule does not apply to any clock rings for the entire tour. Employees in this situation are paid for their actual clock time (unless the time is disallowed as described in 432.711). However, the 5-minute leeway rule does apply to temporary schedules including any out-of-schedule overtime hours outside of and instead of the employee's regular schedule.
432.463
Adjustment
After extending clock rings, if (in the case of a full-time regular schedule employee) the clock ring totals for the tour are between 7.92 and 8.08 hours, the time should be adjusted to 8.00 hours. If a part-time regular schedule employee's clock time is between 0.08 hours less than or greater than his or her established schedule, then the time should be adjusted to the employee's scheduled tour.
432.464
Special Cases
The 5-minute leeway rule for night differential and Sunday premium hours is peculiar and requires special attention: a. In the case of night differential, eligible employees are to be paid night differential for the exact amount of time they work between 6:00 p.m. and 6:00 a.m. However, in no case can the total night differential hours for bargaining unit employees exceed the total hours for the tour. If the only reason that part of an employee's clock time falls between 6:00 p.m. and 6:00 a.m. is that the employee clocked in 0.08 hour or less before 6:00 a.m. or clocked out 0.08 hour or less after 6:00 p.m., then the employee is not eligible to be paid night differential. Eligible bargaining unit employees receive Sunday premium for all hours worked during a scheduled tour any part of which falls on Sunday. The amount of Sunday premium cannot exceed the hours worked, nor can it exceed 8.00 hours per tour. If the only reason that part of an employee's clock time falls on Sunday is that the employee clocked in 0.08 hour or less before the scheduled tour started or 0.08 hour or less after the scheduled tour ended, then the employee is not eligible for any Sunday premium.
b.
432.465
Exception
On some occasions, an employee may have a combination of work and paid leave. In such cases, the 5-minute leeway rule does not apply, and the employee is credited with the actual hours worked. The balance of the employee's scheduled tour is charged to sufficient leave to give the employee credit for the total scheduled tour.
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432.61
Work Credit
FLSA-Exempt Postmasters
Time for FLSA-exempt postmasters is credited in units of whole days, except for absences covered by the Family and Medical Leave Act (FMLA) or for the purpose of terminal leave payments or leave payments immediately preceding a period of LWOP. Note: FLSA-exempt postmasters are those who supervise at least two full-time equivalent employees.
432.52
Full-Time and Part-Time Employees
These employees are credited as follows: a. b. Full-time employees who are credited (work or paid leave) for all scheduled service in a pay period are paid on the basis of 80 hours. Part-time employees who are credited (work or paid leave) for all scheduled service in a pay period are paid on the basis of the hours of scheduled service. Employees who perform only part of the scheduled work in a pay period and do not have leave credits to cover the balance of the scheduled work are paid for time actually worked.
c.
432.53
City Letter Carriers (7:01 Rule)
A city letter carrier who actually works more than 7 hours but less than 8 hours of a regular scheduled day and who is officially excused from the completion of the 8-hour tour is credited with 8 hours of work time for pay purposes. This is known as the 7:01 rule (see 444.212g).
432.54
Rural Carriers
See 445.
432.6 432.61
Guaranteed Time
Explanation
Guaranteed time is paid time that is not worked under the guaranteed provisions of collective bargaining agreements for periods when an employee has been released by the supervisor and has clocked out prior to the end of a guaranteed period. For example, most full-time regular employees in the bargaining units are guaranteed 8 hours of work (or pay in lieu) if they are called in on their nonscheduled day to work. If such an employee works 6 hours and is then told by the supervisor to clock out because of lack of work, the remaining 2 hours of the employee's 8-hour guaranteed is recorded as guaranteed time. It is not possible for an employee to earn guaranteed time as long as he or she is on the clock.
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Pay Administration Basic and Special Pay Provisions
Eligibility
Exhibit 432.62 indicates by rate schedule code and employee classifications those persons other than TEs who are eligible to receive pay for guaranteed time. TEs receive guaranteed time according to their union's collective bargaining agreement. If an employee is eligible for more than one time guaranteed, the guaranteed for the highest number of hours applies. For example, if an employee is eligible for either 2 or 4 hours of guaranteed pay, the 4-hour guaranteed applies. Employees are not eligible for guaranteed time while temporarily assigned to nonbargaining positions.
Exhibit 432.62
Guaranteed Time Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes1,3 No -- Yes1,3 Yes1,2 -- Yes1,3 Yes1,2 Yes1,3 Yes1,3 Yes6 No Yes1,3 Yes1,2 Part-Time Regular -- Yes1,5 No No -- -- -- Yes1,5 -- Yes1,5 Yes1,5 -- -- -- -- Part-Time Flexible Yes4 Yes4,5 -- Casual,* Temporary, and PM Relief No -- No No -- -- No -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services L Postmaster Replacement M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
1 2 3 4
--
No -- -- Yes4,5 Yes2,4 Yes4,5 Yes4,5 Yes6 -- Yes2,4 Yes2,4
5
6
Casual employees are covered in RS-E regardless of the bargaining unit they supplement. Guaranteed 4 hours work or pay in lieu of when called in outside of the regular work schedule. Does not apply to an employee who continues working into or from a regular scheduled shift. Guaranteed 4 hours work or pay in lieu of when called in to work on a nonscheduled day or, if a part-time flexible employee, when requested to work. Guaranteed 8 hours work or pay in lieu of when called in to work on a nonscheduled day. Guaranteed 4 hours work or pay in lieu of when called back to work on a day when the day's assignment has been completed and the employee has clocked out. This applies to part-time flexible employees in any size office. Guaranteed 4 hours work or pay in lieu of if requested or scheduled to work at installations with 200 or more workyears of employment or 2 hours of work or pay in lieu thereof if requested or scheduled to work at installations with less than 200 workyears of employment. Guaranteed 2 hours of work or pay in lieu of if scheduled and reports for work.
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432.711
Pay Computation
As a general principle, when employees are told to clock out by management prior to the end of the guaranteed period, the employees are compensated for the hours of the guaranteed period at the rate of pay they would have received had they actually worked the hours. There are, however, conditions under which employees are not compensated for the remaining hours of the guaranteed period. Generally, this occurs when an employee requests to leave the postal premises because of an illness or for personal reasons or leaves without proper authorization. Note: The 5-minute leeway rule does not apply to any clock rings for an employee entering a guaranteed time status. The employee is credited with the time reflected by his or her clock rings.
432.7
Time Worked
See 444.22.
432.71
Control
Supervisors should ensure that employees do not remain on the clock unless they are specifically authorized to do so. Where employees continue to work contrary to instructions from a supervisor to clock out, the corrective action must be a procedure other than not compensating the employees for work performed.
432.711
Disallowed Time
If an employee's clock rings exceed 8.08 hours and the employee was not engaged in work or work-related activities while in the time-over-8 status, supervisors are to disallow the time on the clock that was not worked. In such a case the supervisor should prepare a written entry on PS Form 1017-A, Time Disallowance Record, as to the factual basis for his or her knowledge that the employee was not working during the period of time disallowed. Examples of time that may be properly disallowed include, but are not limited to: a. Wash-up time -- time spent by employees changing clothes and/or washing up after their tour ends that exceeds the time allotted for such purposes in applicable collective bargaining agreements. Waiting time -- time spent by employees while waiting to start work at the beginning of a tour when they have not been instructed or otherwise required to wait. Personal time -- time spent by employees, before their tour begins or after their tour ends, attending to personal matters. Mealtime -- time spent by employees "on the clock" during a designated meal period, provided, of course, that the employee was completely relieved of all duties and responsibilities and performed no work during this period.
b.
c. d.
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Pay Administration Basic and Special Pay Provisions
Allowed Time
Supervisors must credit employees with all time designated as worktime under the Fair Labor Standards Act. Examples of time that must be credited as worktime if the supervisor knows or has reason to believe the activities are being performed during the time, include: a. Time spent by employees in performing duties that are part of, or related to, the employees' principal work activity, such as pulling mail from a distribution case, collecting tools or supplies, and adjusting rest bars. Time spent continuing to work after a tour ends in order to correct an error, to prepare records, or to finish up a task. Time spent working during meal periods. Time spent distributing work to work stations.
b. c. d.
432.72
Medical Release Time
When an employee is released from work and directed by management to an on- or off-site health services unit due to illness or injury, all time spent waiting for and/or receiving medical attention on the service day on which the illness or injury occurs and that would have been worked but for the medical attention, including all time that the employee otherwise would have been directed to work that day beyond his or her regularly scheduled tour, is included and credited as work time.
432.8 432.81
Compensation Due Deceased Employee
Definition
Unpaid compensation is applicable pay and allowances due a deceased postal employee for the performance of services. It includes, but is not limited to: a. b. c. Amounts of checks for pay and allowances that were not delivered by the Postal Service to the employee during the employee's lifetime. Amounts of uncashed checks for pay and allowances returned to the Postal Service because of the employee's death. Payment for the balance of a tour and scheduled overtime for the day on which the employee has reported; or if death occurs on a service day prior to reporting to work, for the entire tour when the day is part of the employee's normal work schedule (excluding full tours of scheduled overtime). Payment for accumulated annual leave and for unused annual (current) leave actually earned during the year of death. Payment for the leave is equal to the pay the deceased employee would have received had the employee lived and remained in the Postal Service until the end of the period of annual leave. Payment for sick leave in accordance with 513.83. Bond balance refund of payroll deductions for U.S. Savings Bonds. Amounts due for payment of cash awards for employee's suggestions. Allowances on change of official station. Amounts due for the performance of official travel.
d.
e. f. g. h. i. 170
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433.2
Recipient of Unpaid Compensation or Money Due
Order
Payment of unpaid compensation is made in the following order of precedence (payment bars recovery by another person of the amounts so paid): a. First -- to the beneficiary or beneficiaries designated on Standard Form 1152, Designation of Beneficiary -- Unpaid Compensation of Deceased Civilian Employee, or otherwise by the employee in writing received in the Postal Service before the employee's death. Second -- if there is no designated beneficiary, to the employee's widow(er). Third -- to the employee's child(ren) and to the descendants of deceased children by representation. Fourth -- to the parents in equal shares or the entire amount to the surviving parent. Fifth -- to the duly appointed executor or administrator of the state. Sixth -- to the person(s) entitled under the laws of the state in which the employee was domiciled at the time of death.
b. c. d. e. f.
432.822
Missing Beneficiaries
Procedures when beneficiaries are missing are as follows: a. First Beneficiary Does Not Claim. When the person(s) otherwise entitled to payment has/have not submitted a claim and cannot be located within 2 years after the death of the employee, payment is made to the person(s) in the same class of entitlement, or, in the absence of anyone on the same class, then to the person(s) next in order of precedence as described in 432.821. Postal Service Decision. If, within 2 years after the employee's death, a claim for unpaid compensation is not filed by a person entitled under the order of precedence, and neither the employee's installation nor the accounting service center has received notice that such a claim will be filed, payment may be made to the claimant who in the judgment of the Postal Service is equitably entitled to it. Payment made pursuant to this paragraph bars recovery by another person.
b.
433 433.1
Straight Time Pay
Definition
Straight time pay is the total earnings of an employee for hours of work or authorized paid leave in a service week excluding overtime, EAS additional pay, and other premium pay.
433.2
Full-Time Employees
As straight time pay for a full pay period, a full-time employee is paid an amount equal to his or her basic hourly rate times 80 hours.
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Pay Administration Basic and Special Pay Provisions
Part-Time Employees
As straight time pay for a full pay period, part-time employees are paid an amount equal to their basic hourly rate times the number of hours of service and leave for which they have credit in the pay period.
433.4
Casual and Temporary Employees
As straight time pay for the pay period, casual and temporary employees are paid on an hourly basis for hours worked.
433.5
Reemployed Annuitant
An annuitant is any former federal or postal employee who is receiving a retirement annuity from the federal government. Annuitant services may be obtained under contract: see Purchasing Manual 1.6.14, 4.5.3, and 4.5.4. Otherwise, the annuitant may be employed or reemployed, subject to the following conditions: a. b. The employee's salary is established according to the appropriate pay rules for the assigned salary schedule and grade. The employee's salary is subject to any deductions required by federal law to offset the amount of the employee's annuity.
433.6
EAS AE Postmasters
The straight time pay received by an AE postmaster for any FLSA workweek is equal to his or her basic hourly rate times the number of service hours designated for his or her office, plus authorized extra duty to attend meetings, fill in at another office, etc., regardless of the hours actually worked during the week, provided both of the following requirements are met: a. The postmaster's FLSA regular rate for the week, i.e., straight time pay for the week divided by total hours actually worked in the week (see 444.21), is not less than the FLSA minimum wage. The postmaster is paid FLSA overtime at the higher of the FLSA minimum wage or the FLSA regular hourly rate for each hour worked in excess of 40 hours worked during the week.
b.
434 434.1 434.11
Overtime and Premium Pay
Overtime
General
In emergencies or as the needs of the service require, the postmaster or installation head may require employees to perform work that is in excess of 8 paid hours in a day or 40 paid hours in a week. Notes: a. b. The overtime limits in 432.32 may not be exceeded. See 434.13 and 434.14 for the types of compensation for excess hours and eligibility to receive compensation.
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434.133
Definitions
Definitions relevant to overtime are as follows: a. Exempt employees -- employees who are serving in positions that are exempt from and are not covered by the overtime provisions of FLSA because they are paid on a salary basis and are administrative, professional, or executive personnel (see 444.3). These include all employees occupying positions that are classified exempt as indicated in the Organization Management Staffing System (OMSS) position directory. Nonexempt employees -- employees who serve in positions that are covered by the overtime provisions of FLSA (see 444.1), namely all those positions that are not classified as exempt in 434.12a. This includes employees serving in nonexempt positions whose rate retention is based on an exempt position. Paid hours -- hours actually worked plus paid time off, as defined below: (1) Hours actually worked -- time that management suffers or permits an employee to work. The hours actually worked include compensable travel and training time, standby time, or other time on duty. They do not include paid time off as defined below (see also 444.22). Paid time off -- paid hours of annual leave, sick leave, holiday leave, court leave, military leave, guaranteed time (not worked) and all other paid hours including personal absences where no work is performed for the Postal Service. Note: These hours are excluded from the determination of FLSA overtime.
b.
c.
(2)
434.13 434.131
Types of Compensation
Postal Overtime
Postal overtime is compensation paid to eligible personnel at 150 percent of each employee's basic hourly rate for actual workhours in excess of 8 paid hours in a day, 40 paid hours in a service week or, if a full-time bargaining unit employee, on a nonscheduled day.
434.132
FLSA Overtime
FLSA overtime (see 444) is compensation paid to nonexempt personnel at 150 percent of each employee's FLSA regular hourly rate for all worktime that management suffers or permits to be actually worked in excess of 40 hours worked within an FLSA workweek.
434.133
Penalty Overtime
Penalty overtime is compensation paid to eligible personnel at two times the employee's basic hourly straight time rate for hours described in applicable labor agreements.
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434.134
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Pay Administration Basic and Special Pay Provisions
FLSA-Exempt EAS Additional Pay
FLSA-exempt EAS additional pay is compensation paid to eligible FLSA-exempt employees calculated by dividing the annual salary by 2080 and applying this rate to each eligible hour worked.
434.14 434.141
Eligibility and Coverage
Eligible for Overtime Pay
Exhibit 434.141a identifies those employees who are eligible for postal overtime. Exhibit 434.141b identifies those employees who are eligible for FLSA overtime. Exhibit 434.141c identifies those employees eligible for penalty overtime.
Exhibit 434.141a
Postal Overtime Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes Yes2,3 -- Yes Yes -- Yes Yes1 Yes Yes Yes4 No Yes Yes Part-Time Regular -- Yes Yes2,3 Yes3 -- -- -- Yes -- Yes Yes -- -- -- -- Part-Time Flexible No Yes -- -- Yes -- -- Yes Yes1 Yes Yes Yes4 -- Yes Yes Casual,* Temporary, and PM Relief No -- No No No -- No -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services L Postmaster Replacement M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
1 2
Casual employees are covered in RS-E regardless of the bargaining unit they supplement. Grades 18 and below only. FLSA-nonexempt employees are eligible when required to work on their scheduled days off and have more than 40 paid hours for the week. Straight-time pay is received for paid leave and hours actually worked until they are eligible for overtime. During the designated Christmas period, FLSA-exempt employees in EAS-23 and below are eligible for additional pay provided they supervise bargaining unit employees in Mail Processing or Delivery Service functions. Postmasters and officers in charge are not eligible, except in two cases: a. Those who are full-time and nonexempt are eligible for postal overtime when they work a sixth day (see 432.34). b. AE postmasters are eligible for postal overtime for actual work hours in excess of 40 paid hours in a service week. See special provisions in Rural Carrier contract.
3
4
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434.141
FLSA Overtime Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes Yes1 -- Yes Yes -- Yes Yes Yes Yes Yes2 No Yes Yes Part-Time Regular -- Yes Yes1 Yes -- -- -- Yes -- Yes Yes -- -- -- -- Part-Time Flexible Yes Yes -- -- Yes -- -- Yes Yes Yes Yes Yes2 -- Yes Yes Casual,* Temporary, and PM Relief Yes -- Yes1 Yes Yes -- Yes -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services L Postmaster Replacement M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
1 2
Casual employees are covered in RS-E regardless of the bargaining unit they supplement. FLSA-nonexempt employees only. See special provisions in the Rural Carrier contract.
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Exhibit 434.141c
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Pay Administration Basic and Special Pay Provisions
Penalty Overtime Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes No -- No No No Yes Yes Yes No No No No Part-Time Regular -- Yes No No -- -- No -- Yes Yes -- -- -- -- Part-Time Flexible No Yes -- -- No -- No Yes Yes Yes No -- No No Casual,* Temporary, and PM Relief No -- No No No -- -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
Casual employees are covered in RS-E regardless of the bargaining unit they supplement.
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434.21
Multiple Eligibility
When an employee is eligible for more than one type of overtime during a service week, penalty overtime is paid for any qualifying hours; postal overtime is then paid for qualifying hours that are not paid as penalty overtime; then a calculation is made to ensure that at least 150 percent of the employee's regular hourly rate is paid for all hours worked in excess of 40 at the regular hourly rate in the employee's FLSA workweek.
434.143
Assignment of FLSA-Exempt and Nonexempt Work
When an employee performs a combination of exempt and nonexempt work within an FLSA workweek, the following applies: a. If the employee's permanent position is exempt and 50 percent or more of the actual workhours are spent in nonexempt work, the employee is paid for FLSA overtime that is worked in excess of 40 hours actually worked in the FLSA workweek. The employee is eligible for other premiums as applicable to exempt positions. If the employee's permanent position is nonexempt, regardless of the time temporarily spent performing exempt work, the employee remains eligible for overtime and premiums as applicable to nonexempt positions. If the employee's permanent position is exempt and 50 to 100 percent of the actual workhours are spent in exempt work, the employee remains exempt for the entire week and is not entitled to receive overtime. However, EAS additional pay and other premiums applicable to the permanent position are received.
b.
c.
434.144
Eligible for FLSA-Exempt EAS Additional Pay
FLSA special exempt employees in EAS-18 positions and below are eligible for EAS additional pay if authorized to work over 8.5 hours on a scheduled day or any hours on a nonscheduled day, even while on a temporary assignment such as to an OIC position. When authorized work exceeds 8.5 hours on a scheduled day, EAS additional pay is received for the first half hour as well as for the authorized work over 8.5 hours. Regular FLSA-exempt employees in EAS-23 positions and below positions except postmasters and officers-in-charge are eligible during the designated Christmas period provided they are authorized to work over 8.5 hours on a scheduled day or any hours on a nonscheduled day and the additional hours are spent directly supervising bargaining unit employees in mail processing or delivery functions.
434.2 434.21
Night Differential
Policy
Night differential is a premium that is paid to eligible employees for all work and paid training or travel time performed between 6:00 p.m. and 6:00 a.m. The following applies: a. b. c. Night differential is paid in addition to any other premiums earned by the employee (see 434.8). In no case can the total night differential hours exceed the total hours for the tour. Night differential does not apply if time between 6:00 p.m. and 6:00 a.m. is due only to late clocking out or early clocking in (see 432.464). 177
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Pay Administration Basic and Special Pay Provisions
Eligibility
Eligibility for Night Differential
Exhibit 434.2 shows the employees who are eligible to receive night differential. Eligible employees who are regularly assigned to a night tour of duty are entitled to receive an equivalent amount of night differential when: a. b. c. d. e. f.
Exhibit 434.2
Rescheduled to day work to participate in compensable training. On court leave. On military leave. In a continuation of pay (COP) status. Rescheduled to day work due to a compensable liability in lieu of placement in a COP status. On administrative leave (bargaining unit employees only).
Night Differential Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes Yes1 -- Yes Yes -- Yes Yes Yes Yes No No Yes Yes Part-Time Regular -- Yes Yes1 No -- -- -- Yes -- Yes Yes -- -- -- -- Part-Time Flexible Yes Yes -- -- No -- -- Yes Yes Yes Yes No -- Yes Yes Casual,* Temporary, and PM Relief No -- Yes1 No No -- No -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services L Postmaster Replacement M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
1
Casual employees are covered in RS-E regardless of the bargaining unit they supplement. Grades 23 and below only, excluding postmasters, officers in charge, postal inspectors, and employees in management development programs. Exempt employees are eligible only when their normal hours fall between 6:00 p.m. and 6:00 a.m. During the designated Christmas period, however, FLSA-exempt employees who are eligible for additional pay are also eligible for night differential during paid overtime hours between 6:00 p.m. and 6:00 a.m. Night differential is not available on administrative leave.
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434.32
Exempt Employees
Eligible exempt employees receive night differential only when part or all of their normal schedule falls within the specified parameters of this premium. Night differential is not payable when service performed is in addition to the normal service day or when the time worked entitles the employee to EAS additional pay. During the designated Christmas period, however, exempt employees who are eligible for EAS additional pay are also eligible for night differential during paid EAS additional pay hours between 6:00 p.m. and 6:00 a.m.
434.23
Pay Computation
Eligible employees receive a premium, in addition to their salary, for work performed between 6:00 p.m. and 6:00 a.m. Bargaining unit employees receive a fixed dollar amount specified in the applicable bargaining agreement. Nonbargaining employees receive an amount equal to 8 percent of their straight-time hourly rate.
434.3 434.31
Sunday Premium
Policy
Sunday premium is paid to eligible bargaining unit employees for all work and paid training or travel time performed during a scheduled tour that includes any part of a Sunday. EAS-23 and below nonbargaining employees receive Sunday premium only for time actually worked on Sunday, provided that the time is part of the employee's regular schedule, or the time is eligible for FLSA-exempt additional pay (see Exhibit 434.3). Note that: a. b. An employee entitled to Sunday premium may also be entitled to other premiums for the same tour (see 434.8). Bargaining unit employees may not be credited with Sunday premium in excess of the hours worked per tour, of 8.00 hours per tour, or of 16 hours per service week. Sunday premium does not apply if Sunday time is due only to late clocking out or early clocking in (see 432.462 and 432.464b), to a temporary schedule change at the employee's request, or to a temporary schedule initiated by management if the employee receives out-of-schedule premium or nonbargaining rescheduling for the Sunday time.
c.
434.32
Eligibility
Exhibit 434.3 describes those employees who are eligible to receive Sunday premium. It is important to note that only those employees who have been scheduled to work on a Sunday are eligible to receive the premium. If the employee has not been scheduled, then he or she is not eligible for Sunday premium unless the time worked is eligible for FLSA-exempt additional pay.
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Exhibit 434.3
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Pay Administration Basic and Special Pay Provisions
Sunday Premium Pay Eligibility Table
Employee Classification Casual,1 Temporary, and PM Relief No --
Rate Schedule (RSC) B -- Rural Auxiliary (RAUX) C -- Mail Equipment Shops/Material Distribution Center (MESC-1) CB -- Mail Equipment Shops/Material Distribution Center (MESC-2) E -- Executive and Administrative (EAS) F -- Postmasters (AE) G -- Postal Nurses (PNS) K -- HQ Operating Services (OSD) L -- Postmaster Replacement (PMR) M -- Mail Handlers (MH) N -- Information Technology/Accounting Service Centers (IT/ASC) P -- Postal Service (PS-1) PB -- Postal Service (PS-2) Q -- City Carriers (CC) R -- Rural Carriers (RC) S -- Postal Career Executive Service (PCES) T -- Tool and Die Shop (TDS) Y -- Postal Police Officers (PPO)
1 2
Full-Time Regular -- Yes
Part-Time Regular -- Yes
Part-Time Flexible No Yes
Yes2 -- Yes Yes -- Yes Yes Yes Yes No No No Yes
Yes2 No -- -- -- Yes -- Yes Yes -- -- -- --
-- -- Yes -- -- Yes Yes Yes Yes No -- No Yes
No No No -- No -- -- -- -- -- -- -- --
Casual employees are covered in RSC-E (salary table E6) regardless of the bargaining unit they supplement. Grades 23 and below only, excluding postmasters, officers in charge, postal inspectors, and employees in management developmental programs.
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434.411
Leave
If an employee is on leave for any part of the tour, he or she is not entitled to Sunday premium for the leave hours. The exception is that Sunday premium will be continued while an eligible employee is in continuation of pay (COP) status, or is on military or court leave. An eligible employee also continues to receive the Sunday premium when the employee is rescheduled due to compensable disability in lieu of placement into COP status.
434.34
Pay Computation
Eligible employees receive Sunday premium, in addition to their basic salary, equal to 25 percent of their hourly straight time rate for each hour of work up to 8.00 hours, or in the case of nonbargaining employees, for each hour of work eligible for FLSA-exempt additional pay. Note: Hours worked in excess of 8.00 paid hours on a Sunday by bargaining unit employees are paid as overtime pay, as provided in ELM 434.13.
434.4 434.41 434.411
Holiday Leave Pay
Policy
Holidays Observed
Provisions for holiday observance are as follows: a. The following 10 days are observed as holidays: (1) (2) (3) (4) (5) (6) (7) (8) (9) b. New Year's Day. Martin Luther King Jr.'s Birthday. Washington's Birthday (Presidents' Day). Memorial Day. Independence Day. Labor Day. Columbus Day. Veteran's Day. Thanksgiving Day.
(10) Christmas Day. Variations in schedule for holiday observance are as follows: (1) If a holiday falls on an eligible employee's regular scheduled workday, including Saturday or Sunday, the employee observes the holiday on that day. If a holiday falls on an eligible employee's scheduled nonworkday, the first scheduled day preceding the holiday is designated as the employee's holiday except as provided in 434.411b(3) and 434.421. If a holiday falls on a Sunday that is a nonscheduled workday for an eligible employee, Monday is designated as the employee's holiday. However, if Monday is also a nonscheduled workday,
(2)
(3)
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Pay Administration Basic and Special Pay Provisions then Saturday is designated as the employee's holiday. For postal police officers, see the USPS-PPO Agreement. (4) For all full-time postmasters, if a holiday falls on a Saturday that is a nonscheduled workday, the preceding Friday is designated as the postmaster's holiday. Where necessary, additional workhour allowances are authorized for those Post Officest without a senior supervisor to provide relief coverage during the postmaster's absence on holiday leave.
434.412
Application
On these holidays, eligible employees receive holiday leave pay for the number of hours equal to their regular daily work schedule, not to exceed 8 hours (see 434.421). This holiday pay is instead of other paid leave to which employees might otherwise be entitled on their holiday. Eligible employees who work their holiday, at their option, may elect to have their annual leave balance credited with up to 8 hours of annual leave in lieu of holiday leave pay (see 434.422). When this option is chosen, the deferred holiday leave pay is subject to all applicable rules for requesting and scheduling annual leave and is combined with annual leave and counted as annual leave for purposes of annual leave carryover (see 512.32). Note: Holiday leave pay should not be confused with holiday-worked pay, holiday scheduling premium, or Christmas-worked pay (see 434.5).
434.42 434.421
Eligibility
Eligibility for Holiday Leave Pay
Eligibility is shown by category on the following chart:
Employee Category Full-time Part-time regular, including AE postmasters, regularly scheduled to work eg a y sc ed ed o o Minimum of 5 days (per service week) Eligible Yes Yes
Less than 5 days (per No1 service week) Part-time flexible Casual Temporary Transitional
1 2
No2 No No No
Unless the holiday falls on their scheduled workday. Holiday pay is included in the hourly rate.
To receive holiday leave pay, these employees must be in a pay status either the last scheduled hour before or the first scheduled hour after the holiday or designated holiday. However, for an employee on extended LWOP, paid leave for the last scheduled hour before or the first scheduled hour after the holiday or designated holiday is not approved for the purpose of qualifying the employee for holiday pay.
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434.43
Eligibility for Annual Leave in Lieu of Holiday Leave Pay
Categories of employees eligible for annual leave in lieu of holiday leave pay are shown on the following chart:
Salary Schedule Acronym IT/ASC PS-1 PS-2 MESC-1 MESC-2 OSD MH EAS
Salary Schedule Information Technology/Accounting Service Centers Postal Service Schedules 1 and 2 (salary tables P and P9) Mail Equipment Shops/Material Distribution Center (salary tables C and C9) Operating Services Division Mail Handlers Executive and Administrative Schedule*
Rate Schedule Code (RSC) N P PB C CB K M E
* Applies to FLSA-nonexempt employees. Also applies to EAS-23 and below FLSA-exempt employees who receive additional pay (i.e., special exempt) and also choose to substitute an entire 8 hours of holiday leave pay for annual leave. Excludes EAS postmasters, officers in charge, postal inspectors, and employees in management development programs.
434.43
Pay Computation for Holiday Leave Pay
Provisions concerning pay computation are as follows: a. Eligible employees are paid for the holiday at their basic hourly rate for those hours equal to their regular daily working schedule, not to exceed 8 hours. Eligible employees may elect to receive annual leave in lieu of holiday leave pay (see 434.412). Holiday leave pay is in lieu of other paid leave to which an employee might otherwise be entitled on the designated holiday. Holiday leave pay is payable in addition to compensation for hours actually worked on a designated holiday (see 434.5). Eligible full-time and part-time regular employees require no specific authorization to be absent from work on a holiday or a designated holiday, unless scheduled to work. A full-time or part-time regular employee who is scheduled to actually work on a holiday or on a designated holiday, but does not work, is placed in LWOP status and does not receive holiday leave pay, unless the absence is based on an extreme emergency situation and the absence is excused by the employee's supervisor. Holiday leave paid to an employee who is on a COP status should be recorded as holiday leave and is counted as one of the 45 calendar days of COP for OWCP purposes. When a full-time employee has partially overcome a compensable disability and is working a partial schedule under the rehabilitation program, holiday leave is payable up to the number of hours in the partial schedule. The remainder of the holiday leave pay is received from OWCP.
b. c. d.
e.
f.
g.
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434.5 434.51
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Pay Administration Basic and Special Pay Provisions
Holiday-Worked Pay
Policy
Holiday-worked pay is paid to eligible employees for the hours worked on a recognized holiday or for the hours worked on the employee's designated holiday, except Christmas. (See 434.4 for recognized holidays.) Christmas-worked pay is paid to eligible employees for the hours worked on Christmas day or the day designated as the employee's Christmas holiday.
434.52
Eligibility
Exhibit 434.52 indicates that employees are eligible to receive holiday-worked pay and Christmas-worked pay. Part-time flexible employees receive Christmas-worked pay for up to 8 straight-time hours only if they work on December 25 (see 432.21c).
Exhibit 434.52
Holiday-Worked Pay Eligibility Table
Employee Classification Full-Time Regular -- Yes4 Yes1,2 -- Yes Yes -- Yes4 Yes4 Yes4 Yes4 Yes No Yes4 Yes4 Part-Time Regular -- Yes Yes1,2 Yes2 -- -- -- Yes -- Yes Yes -- -- -- -- Part-Time Flexible No3 No3 -- -- No3 -- -- No3 No3 No3 No3 No -- No3 No3 Casual,* Temporary, and PM Relief No3 -- No3 No3 No3 -- No3 -- -- -- -- -- -- -- --
Rate Schedule B Rural Auxiliary C MESC E EAS F Postmasters (AE) G Nurses K HQ Op. Services Div. L Postmaster Replacement M Mail Handlers N Data Center P PS Q City Carriers R Rural Carriers S PCES T Tool and Die Y Postal Police *
1 2 3 4
Casual employees are covered in RS-E regardless of the bargaining unit they supplement. FLSA-nonexempt employees only, including nonexempt postmasters and officers in charge, except some exempt supervisors, may be eligible for "additional pay" for working on a holiday (see 434.144). Postmasters, officers in charge, and FLSA-exempt employees are not eligible for ChristmasWorked Pay (see 434.53). Hours worked on a holiday are charged to Workhours, except that part-time flexible employees are eligible for Christmas-Worked Pay on December 25 only (See 434.52). Under certain conditions, eligible employees may qualify for Holiday Scheduling Premium (See 434.53).
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434.53
Pay Computation
Provisions concerning pay computation are as follows: a. Eligible employees who are required to work on their holiday or designated holiday are paid (in addition to any pay for holiday leave to which they may be entitled) their basic hourly straight time rate for each hour worked up to 8. Eligible FLSA special exempt employees are paid EAS additional pay for each authorized hour worked on their holiday or designated holiday. Eligible employees, excluding postmasters and officers in charge, who are required to work on Christmas day or their designated Christmas holiday are paid, in addition to authorized holiday leave pay (434.4) and holiday-worked pay, Christmas-worked pay at 50 percent of their basic hourly straight-time rate. Work performed beyond 8 hours is treated as overtime for bargaining unit employees. The Christmas-worked premium is not paid for overtime hours. Also Christmas-worked pay is not authorized during hours of overnight travel on a nonscheduled day (438.133). A holiday scheduling premium equal to 50 percent of the amount paid in 434.53a is paid to eligible employees for time actually worked on a holiday or on the employee's designated holiday (except Christmas) when the holiday schedule is not posted in accordance with national agreements, as follows: (1) If the schedule is not posted as of Tuesday preceding the service week in which the holiday falls, a full-time regular bargaining unit employee who is required to work on his or her holiday or designated holiday, or who volunteers to work on that day, receives holiday scheduling premium for each hour of work, not to exceed 8 hours. This premium is in addition to both holiday leave pay and holiday-worked pay. In the event that, subsequent to the Tuesday posting period, an emergency situation attributable to Act(s) of God arises that requires the use of manpower on that holiday in excess of that scheduled in the Tuesday posting, full-time regular employees who are required to work or who volunteer to work in this circumstance(s) do not receive holiday scheduling premium. When a full-time regular employee who is scheduled to work on a holiday is unable to or fails to work on the holiday, the supervisor may require another full-time regular employee to work the schedule, and the replacement employee is not eligible for holiday scheduling premium. Employees are not eligible for holiday scheduling premium while temporarily assigned to nonbargaining positions.
b.
c.
(2)
(3)
(4) d.
For those eligible employees who receive TCOLA (439.1), Christmas-worked pay and the holiday scheduling premium are paid at 50 percent of the employee's basic rate, plus TCOLA, in those workweeks when FLSA overtime is earned. In those workweeks when FLSA overtime is not earned, these premiums are calculated in accordance with 434.53b or 434.53c.
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434.6 434.61 434.611
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Pay Administration Basic and Special Pay Provisions
Out-of-Schedule Premium
Policy
General
Out-of-schedule premium is paid to eligible full-time bargaining unit employees for time worked outside of and instead of their regularly scheduled workday or workweek when employees work on a temporary schedule at the request of management.
434.612
Timely Notice
Payment of out-of-schedule premium is dependent on timely notice being given by management of the temporary schedule change, as follows: a. If notice of a temporary change is given to an employee by Wednesday of the preceding service week, even if this change is revised later, the employee's time can be limited to the hours of the revised schedule, and out-of-schedule premium is paid for those hours worked outside of and instead of his or her regular schedule. If notice of a temporary schedule change is not given to the employee by Wednesday of the preceding service week, the employee is entitled to work his or her regular schedule. Therefore, any hours worked in addition to the employee's regular schedule are not worked "instead of" his or her regular schedule. The additional hours worked are not considered as out-of-schedule premium hours. Instead, they are paid as overtime hours worked in excess of 8 hours per service day or 40 hours per service week.
b.
434.613
Application
Out-of-schedule premium hours cannot exceed the unworked portion of the employee's regular schedule. If employees work their full regular schedule, then any additional hours worked are not "instead of" their regular schedule and are not considered as out-of-schedule premium hours. Any hours worked that result in paid hours in excess of 8 hours per service day or 40 hours per service week are to be recorded as overtime (see 434.1).
434.614
Examples
See Exhibit 434.614. Example: An employee is notified by Wednesday of the preceding service week to work a temporary schedule the following service week from 6:00 a.m. to 2:30 p.m., instead of his or her regular schedule from 8:00 a.m. to 4:30 p.m. The employee is paid 2 hours out-of-schedule premium for the hours worked from 6:00 a.m. to 8:00 a.m. and 6 hours' straight time for the hours worked from 8:00 a.m. to 2:30 p.m. If in this situation the employee continues to work into or beyond the balance of his or her regular schedule (2:30 p.m. to 4:30 p.m.), then he or she is to be paid for hours worked in accordance with Exhibit 434.614. Example: An employee's regular schedule is Monday through Friday and he or she is given a temporary schedule of Sunday through Thursday. The hours worked on Sunday are out-of-schedule premium hours provided they are worked instead of the employee's regularly scheduled hours on Friday. If, however, the employee also works his or her regular schedule on Friday, then 186
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434.621
there can be no out-of-schedule premium hours; the hours worked on Sunday would be paid as regular overtime hours worked in excess of 40 in the service week.
Exhibit 434.614
Computing Out-of-Schedule Premium Hours
Out-ofSchedule Premium Hours 2 1 0 0
Hours Worked 6:00 AM2:30 PM 6:00 AM3:30 PM 6:00 AM4:30 PM 6:00 AM5:30 PM 434.62 434.621
Total Work Hours 8 9 10 11
Straight Time Hours 6 7 8 8
Over
Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal
| File Size: | 1,884.4 kB |
| Pages: | 89 |
| Date: | August 10, 2006 |
| File Format: | |
| State: | federal |
| Category: | District |
| Author: | unknown |
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| Page Size: | Letter (8 1/2" x 11") |
| URL |
https://www.findforms.com/pdf_files/cofc/20529/19-2.pdf |
| Download Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims ( 1,884.4 kB) |
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