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5 U.S.C. § 5343 — Prevailing rate determinations; wage schedules; night differentials

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5343 — Prevailing rate determinations; wage schedules; night differentials

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Source file: Laws/federal/codes/united-states-code/title-5/section-5343-prevailing-rate-determinations-wage-schedules-night-differentials--35e1460ff3.md
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Source location: Title 5, Chapter 53, § 5343; chapter-053-pay-rates-and-systems.md

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**(a)** The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to [section 213(f) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/f&num=0&edition=prelim), the rates may not be less than the appropriate rates provided by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). To carry out this subsection— (1) the Office of Personnel Management shall define, as appropriate— (A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), the boundaries of— (i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and (ii) wage areas for prevailing rate employees having special wage schedules and rates; (B) with respect to prevailing rate employees under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), the boundaries of— (i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and (ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates; (2) the Office of Personnel Management shall designate a lead agency for each wage area; (3) subject to paragraph (5) of this subsection, and subsections (c)(1)–(3) and (d) of this section, a lead agency shall conduct wage surveys, analyze wage survey data, and develop and establish appropriate wage schedules and rates for prevailing rate employees; (4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Office of Personnel Management, as appropriate, for prevailing rate employees in that area; and (5) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. **(b)** The Office of Personnel Management shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Office may schedule more frequent surveys when conditions so suggest. **(c)** The Office of Personnel Management, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide— (1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), the wages surveyed shall be those paid by private employers to full-time employees in a representative number of retail, wholesale, service, and recreational establishments similar to those in which such prevailing rate employees are employed; (2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission of recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate; (3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to— (A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates; (B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and (C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim); (4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970; (5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and (6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States. **(d)** (1) A lead agency, in making a wage survey, shall determine whether there exists in the local wage area a number of comparable positions in private industry sufficient to establish wage schedules and rates for the principal types of positions for which the survey is made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence submitted by employee organizations recognized as representative of prevailing rate employees in that area. (2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish the wage schedules and rates on the basis of— (A) local private industry rates; and (B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made. **(e)** (1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with— (A) the first step at 96 percent of the prevailing rate; (B) the second step at 100 percent of the prevailing rate; (C) the third step at 104 percent of the prevailing rate; (D) the fourth step at 108 percent of the prevailing rate; and (E) the fifth step at 112 percent of the prevailing rate. (2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of— (A) 26 calendar weeks of service in step 1; (B) 78 calendar weeks of service in step 2; and (C) 104 calendar weeks of service in each of steps 3 and 4. (3) Under regulations prescribed by the Office of Personnel Management, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency. (4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based. **(f)** A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential— (1) amounting to 7½ percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and (2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m. A night differential under this subsection is a part of basic pay. **(g)** (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.

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5 U.S.C. § 5332a — Special base rates of pay for wildland firefighters

**(a) Definitions.—** In this section— (1) the term “firefighter” means an employee who— (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term “General Schedule base rate” means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; (3) the term “special base rate” means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and (4) the term “wi

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2 U.S.C. § 60a — Omitted

### Statutory Notes #### Codification Present provisions relating to personnel and compensation of Congressional officers and employees may be found elsewhere in this chapter and in Acts and Resolutions cited in notes hereunder. Section was based on the following acts: 1949—Jan. 19, 1949, ch. 2, § 1(d), (f), 63 Stat. 4. May 24, 1949, ch. 138, title I, 63 Stat. 76. Oct. 10, 1949, ch. 662, title I, 63 Stat. 738. Oct. 14, 1949, ch. 694, title I, 63 Stat. 869. 1948—June 14, 1948, ch. 467, §§ 101, 105, 62 Stat. 423, 437. June 25, 1948, ch. 658, title I, 62 Stat. 1027. 1947—Jan. 31, 1947, ch. 1, 61 Stat. 1. Feb. 19, 1947, ch. 3, 61 Stat. 4. July 17, 1947, ch. 262, §§ 101, 105, 61 Stat. 361, 377. July 30, 1947, ch. 361, 61 Stat. 610. July 31, 1947, ch. 414, 61 Stat. 695. 1946—July 1, 1946, ch. 530, §§ 101, 105, 60 Stat. 387, 407. July 23, 1946, ch. 591, title I, 60 Stat. 600. Aug. 2, 1946, ch. 753, title II, § 201(a), 60 Stat. 834. Aug. 8, 1946, ch. 870, title I, 60 Stat. 910. 1945—Apr. 25, 1945, ch. 95, title I, 59 Stat. 77. June 13, 1945, ch. 189, §§ 101, 105, 59 Stat. 238, 259. July 5, 1945, ch. 271, title I, 59 Stat. 412. Dec. 28, 1945, ch. 589, title I, 59 Stat. 632. 1944—June 26, 1944, ch. 277, title I, §§ 101, 104, 58 Stat. 334, 354. June 28, 1944, ch. 304, title I, 58 Stat. 597. Dec. 22, 1944, ch. 660, title I, 58 Stat. 853. 1943—June 28, 1943, ch. 173, title I, §§ 101, 104, 57 Stat. 220, 239. 1942—June 8, 1942, ch. 396, §§ 1, 4, 56 Stat. 330, 349. 1941—Mar. 1, 1941, ch. 9, 55 Stat. 14. July 1, 1941, ch. 268, §§ 1, 4, 55 Stat. 446, 465. 1940—June 18, 1940, ch. 396, §§ 1, 4, 54 Stat. 462, 480. Oct. 9, 1940, ch. 780, title I, 54 Stat. 1030. 1939—June 16, 1939, ch. 208, §§ 1, 4, 53 Stat. 822, 839. July 25, 1939, ch. 352, § 2, 53 Stat. 1080.

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5 U.S.C. § 5341 — Policy

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that— (1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area; (2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions; (3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and (4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.

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5 U.S.C. § 5344 — Effective date of wage increase; retroactive pay

**(a)** Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made. **(b)** Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when— (1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or (2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period. For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.

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22 U.S.C. § 3601 — Notification requirements

The Panama Canal Commission shall provide written advance notification to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Armed Services of the Senate regarding— (1) any proposed change in the rates of tolls for use of the Panama Canal; (2) any payment estimated to be due the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, as provided by [section 3751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3751&num=0&edition=prelim); and (3) the initiation of any major capital acquisition or construction project exceeding $10,000,000 unless the proposed acquisition or project was included in the budget estimates submitted to Congress for the fiscal year in which the acquisition or project is to be undertaken.

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5 U.S.C. § 6102 — Repealed. Pub. L. 92–392, § 7(a), Aug. 19, 1972, 86 Stat. 573]

### Statutory Notes Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 515, provided for eight-hour day and 40-hour workweek for wage-board employees. See sections 5544(a) and 6101(a)(1) of this title. #### Effective Date of Repeal Repeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under [section 5341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim).

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5 U.S.C. § 5550 — Border patrol rate of pay

**(a) Definitions.—** In this section— (1) the term “basic border patrol rate of pay” means the hourly rate of basic pay of the applicable border patrol, as determined without regard to this section; (2) the term “border patrol agent” means an individual who is appointed to a position assigned to the Border Patrol Enforcement classification series 1896 or any successor series, consistent with classification standards established by the Office of Personnel Management; (3) the term “level 1 border patrol rate of pay” means the hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; (4) the term “level 2 border patrol rate of pay” means the hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; and (5) the term “work period” means a 14-day biweekly pay period. **(b) Receipt of Border Patrol Rate of Pay.—** (1) **Voluntary election.—** (A) *In general.—* — Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for that year, be assigned to— (i) the level 1 border patrol rate of pay; (ii) the level 2 border patrol rate of pay; or (iii) the basic border patrol rate of pay, with additional overtime assigned as needed by U.S. Customs and Border Protection. (B) *Regulations.—* — The Director of the Office of Personnel Management shall promulgate regulations establishing procedures for elections under subparagraph (A). (C) *Information regarding election.—* — Not later than 60 days before the first day of each year beginning after the date of enactment of this section

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5 U.S.C. § 5304 — Locality-based comparability payments

**(a)** Pay disparities shall be identified and reduced as follows: (1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. (2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. (B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. (3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— (A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (C) the percentage for the third calendar year in which any amounts are payable under this section may not be le

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5 U.S.C. § 5545 — Night, standby, irregular, and hazardous duty differential

**(a)** Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and includes— (1) periods of absence with pay during these hours due to holidays; and (2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours. Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify [section 5141 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5141&num=0&edition=prelim), or other statute authorizing additional pay for nightwork. **(b)** The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of nightwork for the purpose of subsection (a) of this section, at a post outside the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section. **(c)** The head of an agency, with the approval of the Office of Personnel Management, may provide that— (1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined a

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29 U.S.C. § 651 — Congressional statement of findings and declaration of purpose and policy

**(a)** The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. **(b)** The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources— (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under this chapter; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover la

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