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5 U.S.C. § 5544 — Wage-board overtime, Sunday rates, and other premium pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week. The overtime hourly rate of pay is computed as follows:
(1) If the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half.
(2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
(3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially rec
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Source file: Laws/federal/codes/united-states-code/title-5/section-5544-wage-board-overtime-sunday-rates-and-other-premium-pay--43d618e0c1.md
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Source location: Title 5, Chapter 55, § 5544; chapter-055-pay-administration.md
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**(a)** An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week. The overtime hourly rate of pay is computed as follows:
(1) If the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half.
(2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
(3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday. Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively (including travel by the employee to such event and the return of the employee from such event to the employee’s official duty station). The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
**(b)** An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to chapter 51 and subchapter III of chapter 53 of this title is entitled to overtime pay for overtime work in accordance with subsection (a) of this section. The overtime hourly rate of pay is computed in accordance with subsection (a)(1) of this section.
**(c)** The provisions of this section, including the last two sentences of subsection (a) and the provisions of section 5543(b), shall apply to a prevailing rate employee described in section 5342(a)(2)(B).
**(d)** A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee—
(1) is employed by the Forest Service or the Department of the Interior; and
(2)
(A) is a wildland firefighter, as defined in section 5332a(a); or
(B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For full-time, part-time and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates:
(1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.
(2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of one and one-half times the hourly rate of the minimum rate of basic pay fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5542
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 398, providing for decision without debate with respect to motions to postpone, motions to proceed to the consideration of other business, and appeals from decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, was omitted in the general amendment of this chapter by Pub. L. 95–17, § 2, Apr. 6, 1977, 91 Stat. 29. See [section 912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section912&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 913
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, 5545c, 5546(a) and (b), and 5550 only to the extent that the payment does not cause the aggregate of basic pay and such premium pay for any pay period for such employee to exceed the greater of—
(1) the maximum rate of basic pay payable for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(2) the rate payable for level V of the Executive Schedule.
**(b)**
(1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency.
(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the greater of—
(A) the maximum rate of basic pay payable for GS–15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.
(3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5547
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions**
(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—
(A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966,
(B) for a workweek longer than forty-two hours during the second year from such date, or
(C) for a workweek longer than forty hours after the expiration of the second year from such date,
unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
**(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 207
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the term “appropriate committees of Congress” means—
(A) the Committee on Appropriations of the House of Representatives;
(B) the Committee on Oversight and Accountability of the House of Representatives;
(C) the Committee on Agriculture of the House of Representatives;
(D) the Committee on Natural Resources of the House of Representatives;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Homeland Security and Governmental Affairs of the Senate;
(G) the Committee on Energy and Natural Resources of the Senate; and
(H) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(2) the term “covered employee” means an employee of the Forest Service or the Department of the Interior who is—
(A) a wildland firefighter, as defined in section 5332a(a); or
(B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident;
(3) the term “incident response premium pay” means pay to which a covered employee is entitled under subsection (c);
(4) the term “prescribed fire incident” means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives;
(5) the term “qualifying incident”—
(A) means—
(i) a wildfire incident, a prescribed fire incident, or a severity incident; or
(ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and
(B) does not include an initial response incident that is contained within 36 hours; and
(6) the term “severity incident” means an incident in which a
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5545c
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545(d), insofar as this subchapter affects employees in or under an Executive agency.
**(b)** The Office shall prescribe regulations necessary for the administration of section 5545(d).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5548
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5544
In subsection (a)(2), the words ‘‘at his own discre-
tion’’ are omitted as unnecessary in view of the permis-
sive nature of the authority. The word ‘‘officer’’ is
omitted as included in ‘‘employee’’. The word ‘‘sched-
uled’’ is omitted since section 603 of the Act of Oct. 11,
1962, Pub. L. 87–793, 76 Stat. 847, eliminated the neces-
sity of referring to rates as scheduled or longevity. Ref-
erence to the ‘‘Classification Act of 1949, as amended’’
is omitted as unnecessary.
In subsection (b), the words ‘‘in his discretion’’ are
omitted as unnecessary in view of the permissive na-
ture of the authority. The words ‘‘overtime work’’ are
substituted for ‘‘any work in excess of forty hours in
any regularly scheduled administrative workweek’’ be-
cause of the definition of ‘‘overtime work’’ in section
5542(a).
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
1967 ACT
Section of
title 5
Source (U.S. Code)
Source (Statutes at Large)
5543(a)(2) ...
5 App.: 912.
July 18, 1966, Pub. L. 89–504,
§ 404(b), 80 Stat. 297.
Editorial Notes
REFERENCES IN TEXT
Section 7 of the Fair Labor Standards Act of 1938, re-
ferred to in subsecs. (a)(1) and (b), is classified to sec-
tion 207 of Title 29, Labor.
GS–10, referred to in subsec. (a)(2), is contained in the
General Schedule which is set out under section 5332 of
this title.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–163 added subsec. (d).
1996—Subsecs. (b), (c). Pub. L. 104–201 added subsec.
(b) and redesignated former subsec. (b) as (c).
1990—Subsec. (a)(1). Pub. L. 101–509, § 529 [title II,
§ 210(2)], inserted ‘‘under section 5542 or section 7 of the
Fair Lab
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5544
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