Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I work Friday through Tuesday with Wednesday and Thursday off each week. I was required to attend a two-day meeting on my days off. I was told I would get paid overtime, however, instead of working 12 days straight, I decided to request leave for two other days. I was then told I would only get paid regular time if I took leave. This this correct? A: An employee generally…
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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct? A: It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is it true that when a federal employee travels on a federal holiday, he or she is compensated with overtime rather than travel comp time? A: Yes, you are correct that a federal employee who is non-exempt from the Fair Labor Standards Act will be compensated with overtime pay when required to travel on a federal holiday. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: What is the rule for paying overtime to an employee while on travel status? A: Pursuant to 5 U.S.C. § 5542(b)(2) and 5 C.F.R. § 550.112(g), official travel away from one’s duty station is considered hours of work, including overtime hours when applicable, if: the travel occurs within the regularly scheduled work week; or the travel includes the performance of work while traveling, is incident to travel that involves the…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: If the government compensates an employee, who earns Law Enforcement Availability Pay (L.E.A.P.), overtime wages which the government now claims the employee is not entitled to, may the government recoup the unauthorized payments by withholding funds form a federal employee’s paycheck? A: Any federal law enforcement officer who receives availability pay (L.E.A.P.), generally may not receive any additional payment for unscheduled duty hours, or overtime. As such, any…