PERMISS

Training, Duty Hours and Special Pay

Overtime Pay under the Fair Labor Standards Act (FLSA) (5 CFR 551.423 and 29 CFR 785.27 - 785.32).

The prohibition on overtime is not applicable to training treated as hours of work under OPM's regulations implementing the Fair Labor Standards Act, as amended. Time spent in training or preparing for training outside regular working hours shall be considered hours of work for the purpose of computing FLSA overtime if an agency requires the training to bring performance up to a fully successful, or equivalent level; or to provide knowledge or skills to perform new duties and responsibilities in the employee's current position.

Overtime is not applicable when time spent in training or preparing for training outside the employee's regular working hours is for the following purposes:


  • Training to improve a nonexempt employee's (29 CFR 785.27-785.32) performance in his or her current position above a fully successful, or equivalent level. (Such training must be undertaken with the knowledge that the employee's performance or continued retention in the position will not be adversely affected by nonenrollment in the training program; or,

  • Training to provide a nonexempt employee with additional knowledge or skills for reassignment to another position or advancement to a higher grade in another position, even if such training is directed by management.

Overtime Payment for Work in Addition to 40 Hours (see 41 Comp. Gen. 477 (1962)). The prohibition on payment of overtime pay does not prohibit overtime pay for work in addition to the 40 hours of training performed in the workweek.

Compensatory Time (see 39 Comp. Gen. 453 (1959)) Instead of Overtime. The prohibition on payment of overtime pay, other than when treated as hours of work under FLSA, applies as well to the granting of compensatory time instead of overtime.

Overtime Payment for Travel Related to Training. See 5 USC 5542(b)(2) (supp.1995), 5
Comp. Gen. B-165311 (Nov 12, 1968)). The prohibition on payment of overtime pay does not apply to time spent in travel to and from the place of training.

The general rule on overtime payment for travel related to training is that time spent in a travel status away from the official duty station is not hours of work unless the travel results from an event that could not be scheduled or controlled administratively (50 Comp. Gen. 519 (1971)). The phrase "could not be scheduled or controlled administratively" was determined to mean "the ability of an executive agency to control the event that necessitates an employee's travel." For example, travel is considered hours of work when it results from unforeseen circumstances such as an event that is scheduled by some one or some organization outside the Government.

However, when an outside institution contracts with the Government to conduct a training course, then the event is under the administrative control of the Government. In Comp. Gen. B-190494 (May 8, 1978)) an employee was denied overtime pay for Sunday travel to attend such a training event.

Payment for Temporary Duty Training Assignments (41 CFR 301-10). Management may pay limited relocation expenses for the transportation of the employee's immediate family, household goods and personal effects, including packing, crating, temporarily storing, draying, and unpacking the household goods. Limited relocation expenses are payable only when the estimated costs of transportation and related services are less than the estimated aggregate per diem or actual subsistence expense payments for the period of training. An employee selected for temporary duty training may receive travel and per diem (or actual subsistence expenses) for the period of the assignment or payment of limited relocation expenses, but not both.

Content last reviewed: 3/20/2007-DLS

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References


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This page was last revised: 10/10/2013