FLRA’s Decision on Rate of Pay

September 1, 2011

In May 2007, the arbitrator determined that the overtime performed by officers during their meal period was “regularly scheduled” and that the officers were entitled to time and a half (150%) for that overtime. On August 25, 2011, the Authority overturned the arbitrator’s 2007 award and decided that the officers were only entitled to half time (50%) for the work performed during their meal periods. The Authority found that pursuant to 5 C.F.R. § 610.111 the overtime was “irregular” because it was not scheduled in advance of the administrative workweek. The Authority further found that according to OPM guidance FLSA non-exempt officers receiving AUO pay are only entitled to half time (50%) for “irregular” overtime. Unfortunately, it is not possible to appeal the Authority’s decision and it is therefore final.

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