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Overtime Pay and Federal Employees

Management Problems

Federal Manager & Retired Military
Independent Federal Agency
Thu Apr 10, 2008 8:10 AM

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While this case did not work out in favor of the prison employees, it seems fairly clear that underneath the surface of this case is an environment with poor management - employee relationships. Did management work with the employees, bully them, or decide it was beneath them to squarely discuss the issues before they ended up in court? It's sad.

Re: Management Problems

HR specialist
retired
Thu Apr 10, 2008 9:50 AM
I don't see anything in this article that indicates management was at fault. If anything, it appears that they complied with the law, and were supported by the courts. Just because employees don't like the regulations or laws, doesn't mean management is doing anything wrong.

Re: Management Problems

Consultant
Agency
Thu Apr 10, 2008 12:28 PM
As a former manager, per your title, it is surprising that you make the assumption, seemingly automatically, that this is a management/employee relations fault.

It appears based on the facts presented that the employees were making their own decisions to work over, if they actually even did, based on their flawed interpretation and application of agency documents, sans direct authority from an authorized supervisor.

Did the employees work with management, ignore them, or decide it was not required of them, i.e., "beneath them" to "squarely discuss the issues before they ended up in court?" "It's sad."

SURE IS.

When some employees start to realize they are not in charge and are accountable, then they would find life more pleasant. I say "some" because the vast majority, thankfully, actually have some modicum of common sense in this regard, along with some manager's as well.

It's sad.

Overtime work

HR Specialist
Navy
Thu Apr 10, 2008 8:19 AM

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I'm wondering if someone could shed some light on a situation we are now experiencing. I don't know how to respond to FLSA exempt employees who say that we have to insititute a flexible work schedule because we cannot, by law, accept voluntary services, and by working late or over the weekend, not ordered to do so, they cannot be paid overtime, so it must be voluntary service. I've thought about just not accepting the work product, but that's not really reasonable. Any ideas?

Re: Overtime work

Supervisor
Defense Agency
Fri Apr 11, 2008 4:22 PM
Here is the problem. If they are doing this on a regular basis, you know they are working it, and you let them, then you are accepting voluntary services.

Overtime Pay and Federal Employees

Supply
MEDCOM
Thu Apr 10, 2008 10:39 AM

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If one reads the rules of overtime - it clear states that you must physically work 40 hours a week to be compensated for overtime. So how about those federal employees who take a day or two off during the pay period, and then work additional hours and claim overtime. You should not be paid for overtime, because you did not physically work 40 hours, you took one or two days off. But if you work for the federal government, anything over 8 hours a day constitues overtime.

Re: Overtime Pay and Federal Employees

Analsyt
DOD
Thu Apr 10, 2008 3:22 PM
I believe the rules say you have to be in a paid status for 40 hours a week in order to be compensated for overtime not "physically work the 40 hours".

Re: Overtime Pay and Federal Employees

Jennifer
Legal Assistant
Tue Jul 1, 2008 9:36 AM
I have a question that I'm hoping someone could answer for me. There is a young lady working here as a contract employee. She gets paid $10/hours full time for 80 hours every two weeks. If she works any overtime, she gets paid for it. However, I don't know if her overtime (for example if she has 3 hours of overtime) will be paid at $10/hr as well or if she is allowed time and a half ($15) for her overtime hours.

Please let me know immediately. Thanks!

Mngmt and overtime

Rural Development Specialist
Rural Development
Thu Apr 10, 2008 2:03 PM

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I have a client who works for the Prison system and he cannot leave until his replacement is there. He does his shift and the replacement calls in sick, then there is a scramble to find someone else. Unapproved OT in this case and the answer he got??????comp time or credit hrs...hr for hr after working a very long shift does not seem fair to me. But who am I...just another taxpayer.

Re: Mngmt and overtime

Supervisor
Defense Agency
Fri Apr 11, 2008 4:26 PM
Comptime or overtime is at the Agency's discression. Off the books comptime is not allowed. In one year, the comptime will be paid as overtime at the higher rate.

Re: Mngmt and overtime

Engineer
AF
Sat Apr 12, 2008 10:20 PM
To Supervisor, Defense Agency.

You're right about what the rules say. But reality is a lot of us put in off the books overtime/comptime/free work to the government. When the mission has to get done, you put in the hours to get it done. I'm not the only person who put in for hours only to have them rejected because I didn't get them approved in writing two weeks prior. No kidding. I wasn't planning on the commander grabbing me at 1555 with a "got to be done before you leave today" project either. While the clerk slamming the window closed on the customer precisely at quitting time is a very old joke, I've never seen that happen in reality, at least in the Air Force. Whether it's a generation, a contract award, or launching a satellite, the mission has to get done and we do it.

Overtime

Assistant Fire Chief
Department of Veterans Affairs
Thu Apr 10, 2008 5:20 PM

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I am an Assistant Chief of a VA Fire Department. I know the union contract will not let me work someone more that 1 strait shift (24 hrs) without paying them overtime. The same contract will not allow them to be on duty for more than 72 hours. I have a minimum staffing. If someone calls in sick, I have to hold a firefighter over either until I can get someone to come in on overtime or pay that person overtime.
Can you imagine if the Prison Guards said “Sorry, my shift is over I am leaving” First, they probably would not be allowed to leave (locked gates) Second, if they were able to leave, it would put the other Guards at risk, due to being under staffed. Do you think that management would write them up or charge them with AWOL? Sure they would. I would one of my firefighters.
What I got out of the article is…. The Prison Guards no longer have to follow an order to remain at work until they are relived from duty by a co-worker. Now that is CRAZY.

Re: Overtime

worker
usda
Fri Apr 11, 2008 11:21 AM
if the worker is not compensated as per the law (FLSA), how can you make them stay unless it is in their contract?

Overtime

Federal Employee
Federal Government
Thu Apr 10, 2008 8:16 PM

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Ladies and Gentlemen of the Federal Government, I would like to know how many of you that are GS 10 Step 1 or greater are aware of the GS 10 Step 1 overtime requirement.
GS 10 Step 1 is the cap for the hourly rate of overtime pay for General Scheduled employees. In my particular case this rate is about 1/2 of what time and a half would be for me. I understand that some Law enforcement and first responders do get time and a half regardless of grade. It perplexes me why the rest of the Fed continues to operate under the GS 10 Step 1 policy.
How many of you would support law that would change the overtime worked requirement to time and a half compensation. Lawmakers pay attention!!
FLSA is very clear about the requirements that dictate overtime pay. I worked as a civilian for the army for many years and I can not even begin to tell you how many uncompensated hours I worked just to complete the mission at hand. Many times I was told comp time was illegal, flex time wasn't any better.

Re: Overtime

DOE
IT Spec
Fri Apr 11, 2008 10:38 AM
I don't think that's still true. Here is a link to hourly base and over pay rates:

http://opm.gov/oca/08tables/txt/gshour.txt

In addition this is from the OPM website:

https://www.opm.gov/oca/pay/HTML/FACTOT.asp

Overtime Hourly Rate

For employees with rates of basic pay equal to or less than the rate of basic pay for GS-10, step 1, the overtime hourly rate is the employee’s hourly rate of basic pay multiplied by 1.5.

Section 1121 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) amended the overtime pay cap provisions that apply to employees covered by 5 U.S.C. 5542(a)(2). The new overtime pay cap became effective on November 24, 2003. Under the amended 5 U.S.C. 5542(a)(2), for employees with rates of basic pay greater than the basic pay for GS-10, step 1, the overtime hourly rate is the greater of—

(1) the hourly rate of basic pay for GS-10, step 1, multiplied by 1.5,
or
(2) the employee’s hourly rate of basic pay.

Re: Overtime

ATC
Faa
Sat Apr 12, 2008 8:57 AM
It is not true that OT is capped at GS-10 step1, there use to be a requirement years back that GS-15, management types were capped at a OT rate of GS-10 step 1. I do believe this is not in effect anymore.

Re: Overtime

Physician
DOD
Sat Apr 12, 2008 8:46 PM
I'm GS 15 Step 10. I am a physician. My pay is capped.
Though I work overtime, nights, weekends, etc. I receive.....

NO overtime
No Comp Time
No Shift Differential
No Premium Pay

My pay stub shows the accumulation of all these things, summarizes all of them, and then says my final pay is reduced by those amounts.

I'm Capped.

So don't you believe you can get overtime, premium pay, comp time, or any other compensation for overtime if you are GS 15 Step 10. You can't and won't.

Problem is, my patients don't wake up during surgery at 3:30pm. They get sick nights and weekends. And I'm privileged to give their care. They need it. (Like the other ARMY guy says--it's the mission)

It's a royal screw job, but, in my case it comes with being a professional. I just clench my teeth, and accept it.

I doubt 99.999% federal employees could care less about GS 15 Step 10 people not making overtime/premium pay/shift differential. "They already Make Enough!"

Re: Overtime

Analyst
DOD
Tue Apr 29, 2008 8:36 AM
I am only a GS 11 but am also capped at the GS10 step 1. So it's not just the GS15's that are getting the shaft.

Re: Overtime

Comp Spec
FAA
Mon Jun 23, 2008 2:21 PM
There is a cap at GS-10 step one and there isn't.

Depends on your position and if it is "covered". Which there is a clear definition as to whether you position is covered. If you work in ATC in the FAA you may get it..but the rest of us do not. I don't get "TRUE" overtime which is 1.5 of your hourly rate. I get 1.5 of GS10 step 1 BASIC hourly rate(explained below).

I do get the 1.5 of the GS10 step one reate but guess what, I get a whole .95 cents more than my hourly wage because they don't factor in our locality(they use the base rate only). Locality has been used to screw government workers since it was created. What more my overtime is flat taxed in my check(30%) I think. So while I may see the .95 extra(minus tax basis) not based off my exeptions i claimed on my w4. I have to get it back when I file my return. I actully get less hourly take home pay from my overtime than I do my normal pay.

Uncompensated overtime

Retired DOL employee & Union rep.
DOL
Thu Apr 10, 2008 9:44 PM

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Perhaps they should have used the FLSA regulations about "suffered or permitted" overtime. In most cases, management is aware of the overtime, but does nothing to stop it. That is a vilation of FLSA.
Also, It is a violation of government-wide regulations to perform work for the government without compensation.

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