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5 U.S.C. § 6123 — Flexible schedules; computation of premium pay

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

5 U.S.C. § 6123 — Flexible schedules; computation of premium pay

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Stable record: federal_law:legal_authorities:record_usc_de016069aaf1d2c2fed2ef01
Source file: Laws/federal/codes/united-states-code/title-5/section-6123-flexible-schedules-computation-of-premium-pay--3426a2c806.md
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Source location: Title 5, Chapter 61, § 6123; chapter-061-hours-of-work.md

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**(a)** For purposes of determining compensation for overtime hours in the case of an employee participating in a program under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim)— (1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1) and section 11 So in original. The word “section” probably should not appear. 5544(a) of this title, [section 7453(e) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/e&num=0&edition=prelim), section 7 of the Fair Labor Standards Act ([29 U.S.C. 207](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim)), or any other provision of law; or (2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. **(b)** Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under [section 6126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6126&num=0&edition=prelim) or to the extent such employee is allowed to have such hours taken into account with respect to the employee’s basic work requirement. **(c)** (1) Notwithstanding [section 5545(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545/a&num=0&edition=prelim), premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which such premium pay is otherwise authorized, except that— (A) if an employee is on a flexible schedule under which— (i) the number of hours during which such employee must be present for work, plus (ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and (B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. (2) Notwithstanding [section 5343(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5343/f&num=0&edition=prelim), and [section 7453(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/b&num=0&edition=prelim), night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized, except that such differential shall be paid to an employee on a flexible schedule under this subchapter— (A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specified in such subsection, or (B) in the case of an employee subject to subsection (b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.

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

5 U.S.C. § 6122 — Flexible schedules; agencies authorized to use

**(a)** Notwithstanding [section 6101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6101&num=0&edition=prelim), each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include— (1) designated hours and days during which an employee on such a schedule must be present for work; and (2) designated hours during which an employee on such a schedule may elect the time of such employee’s arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee’s position are fulfilled. **(b)** Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in [section 6130(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6130/a&num=0&edition=prelim), if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may— (1) restrict the employees’ choice of arrival and departure time, (2) restrict the use of credit hours, or (3) exclude from such program any employee or group of employees.

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

5 U.S.C. § 6126 — Flexible schedules; credit hours; accumulation and compensation

**(a)** Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee’s biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period. **(b)** Any employee who is on a flexible schedule program under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim) and who is no longer subject to such a program shall be paid at such employee’s then current rate of basic pay for— (1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or (2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee’s biweekly basic work requirement) accumulated by such employee.

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

29 U.S.C. § 207 — Maximum hours

**(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

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

29 U.S.C. § 207 — Maximum hours

Page 78 TITLE 29—LABOR § 207 as notes under this section], through exercise by Con- gress of its power to regulate commerce among the sev- eral States and with foreign nations, to correct the conditions above referred to in such industries.’’ DEFINITION OF ‘‘ADMINISTRATOR’’ The term ‘‘Administrator’’ as meaning the Adminis- trator of the Wage and Hour Division, see section 204 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions relating to enforcement and administra- tion of equal pay provisions vested by this section in Secretary of Labor and Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. Functions of all other officers of Department of Labor and functions of all agencies and employees of that Department, with exception of functions vested by Administrative Procedure Act (now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Orga- nization and Employees) in hearing examiners em- ployed by Department, transferred to Secretary of Labor, with power vested in him to authorize their per- formance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5. § 207. Maximum hours (a) Employees engaged in interstate commerce; additional applicability to employees pursu- ant to subsequent amendatory provisions (1) Except as otherwise provided in this sec- tion, no employer shall

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

5 U.S.C. § 6123 — Flexible schedules; computation of pre-

Page 796 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6122 1 So in original. The word ‘‘section’’ probably should not ap- pear. of this title, which are in excess of an employ- ee’s basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; (5) ‘‘compressed schedule’’ means— (A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and (B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; (6) ‘‘overtime hours’’, when used with re- spect to flexible schedule programs under sec- tions 6122 through 6126 of this title, means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in ad- vance, but does not include credit hours; (7) ‘‘overtime hours’’, when used with re- spect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and (8) ‘‘collective bargaining’’, ‘‘collective bar- gaining agreement’’, and ‘‘exclusive represent- ative’’ have the same meanings given such terms— (A) by section 7103(a)(12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and (B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 227; amended Pub. L. 101–163, title III, § 312, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104–106, div. A, title X, § 1041, Feb. 10, 1996, 110 Stat. 433; Pub. L. 111–68, div. A, title I, § 1302(1), Oct

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