APPENDIX A-SCHEDULE OF PAY DIFFERENTIALS AUTHORIZED FOR IRREGULAR OR INTERMITTENT HAZARDOUS DUTY UNDER SUBPART I-Continued (1) Pilot proficiency training. Flights for pilot proficiency training in aircraft new to the pilot under simulated emergency conditions which parallel conditions encountered in performing flight tests. (2) Delivery of new aircraft for flight testing. Flights to deliver aircraft which has been prepared for one-time flight without being test flown prior to delivery flight. (3) Test flights of new modified, or repaired aircraft. Test flights of a new or (4) Reduced gravity-parabolic arc flights-subjects/observers. Reduced gravity (7) Flight tests of expandable aircraft tires. Landing to test aircraft tires designed (8) Landing and taking-off in polar areas. Landing in polar areas on unprepared snow or ice surfaces and/or taking-off under the same conditions. Experimental Parachute Jumps Participating as a jumper in field exercises to test and evaluate new types of jumping equipment and/or jumping techniques. Ground Work Beneath Hovering Helicopter Participating in ground operations to attach external load to helicopter hovering just overhead. Sling-suspended transfers. When performance of duties requires transfer from a helicopter to a ship via a sling on the end of a steel cable or from a ship to another ship via a chair harness hanging from a highline between the ships when both vessels are underway. Carrier suitability trials aboard aircraft carriers. Participating in carrier suitability trials aboard aircraft carriers when work is performed on the flight deck during launch, recovery, and refueling operations. Cargo handling during lightering operations. Off-loading of cargo and supplies from surface ships to Landing Craft-Medium (LCM) boats involving exposure not only to falling cargo but such other hazards as shifting cargo within the LCM, swinging cargo hooks, and possibility of falling between the LCM and cargo vessel. Work in unsafe structures: Working within or immediately adjacent to a building or structure which has been severely damaged by earthquake, fire, tornado, flood, or similar cause, when the structure has been declared unsafe by competent technical authority, and when such work is considered necessary for the safety of personnel or recovery of valuable materials or equipment, and the work is authorized by competent authority. (5 U.S.C. 5595; E.O. 11257, 3 CFR 1964-1965 Comp., p. 357) [34 FR 11083, July 1, 1969; 34 FR 12623, Aug. 2, 1969, as amended at 34 FR 15747, Oct. 11, 1969; 35 FR 7172, May 7, 1970; 37 FR 20248, Sept. 28, 1972; 39 FR 7115, Mar. 16, 1973; 40 FR 7437, Feb. 20, 1975; 41 FR 12635, Mar. 26, 1976; 41 FR 14165, Apr. 2, 1976] X0-004 0-81--23 (b) To the extent that such modifications in work schedules do not interfere with the efficient accomplishment of an agency's mission, the agency shall in each instance afford the employee the opportunity to work compensatory overtime and shall in each instance grant compensatory time off to an employee requesting such time off for religious observances when the employee's personal religious beliefs require that the employee abstain from work during certain periods of the workday or workweek. (c) For the purpose stated in paragraph (b) of this section, the employee may work such compensatory overtime before or after the grant of compensatory time off. A grant of advanced compensatory time off should be repaid by the appropriate amount of compensatory overtime work within a reasonable amount of time. Compensatory overtime shall be credited to an employee on an hour for hour basis or authorized fractions thereof. Appropriate records will be kept of compensatory overtime earned and used. (d) The premium pay provisions for overtime work in Subpart A of Part 550 of Title 5, Code of Federal Regulations, and section 7 of the Fair Labor Standards Act of 1938, as amended, do not apply to compensatory overtime work performed by an employee for this purpose. (e) These interim regulations shall remain in effect until superseded by further regulations on this subject by the Office of Personnel Management. (5 U.S.C. 5550a) [43 FR 46288, Oct. 6, 1978] Hourly regular rate of pay. 551.512 Overtime pay entitlement. 551.513 Payment of greater overtime pay entitlement. (a) Section 3(e)(2) of the Fair Labor Standards Act of 1938, as amended, authorizes the application of the provisions of the Act to any person employed by the Government of the United States, as specified in that section. Section 4(f) of the Act authorizes the Office of Personnel Management to administer the provisions of the Act for all such employees, except for those who are employed by the Library of Congress, United States Postal Service, Postal Rate Commission, or the Tennessee Valley Authority; the named groups of employees are specifically excluded from the Office of Personnel Management's administration. (b) The Act provides for minimum standards for both wages and overtime entitlements, and delineates administrative procedures by which covered worktime must be compensated. Included in the Act are provisions related to child labor, equal pay, and portal-to-portal activities. In addition, the Act exempts specified employees or groups of employees from the appli. cation of certain of its provisions. It prescribes penalties for the commision of specifically prohibited acts. (c) This part contains the regulations, criteria, and conditions that the Office of Personnel Management has prescribed for the administration of the Act. This part supplements and implements the Act, and must be read in conjunction with it. § 551.102 Definitions. In this part: (a) "Act" means the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.); (b) "Agency", for purposes of the Office of Personnel Management's administration of the Act, means any instrumentality of the United States Government, or any constituent element thereof acting directly or indirectly as an employer, as this term is defined in section 3(d) of the Act; but does not include: (1) The Library of Congress; (2) The United States Postal Service; (3) The Postal Rate Commission; or (4) The Tennessee Valley Authority; all of which are subject to the administration of the Act by the Department of Labor, under Title 29, Code of Federal Regulations. (c) "Employ" means to engage a person in an activity that is for the benefit of an agency, as defined for this part, and includes any hours of work that are suffered or permitted. (d) "Employee" means a person who is employed: (1) In an executive agency; (2) As a civilian in a military department; (3) In a nonappropriated fund instrumentality of an executive agency or a military department; or (4) In a unit of the legislative or judicial branch of the Government that has positions in the competitive service. (e) "Suffered or permitted" work means any work performed by an employee for the benefit of an agency, whether requested or not, provided the employee's supervisor knows or has reason to believe that the work is being performed and has an opportunity to prevent the work from being performed. (f) "Trainee" means a person who does not meet the definition of "employee" in paragraph (d) of this section, and who is assigned or attached to a Federal activity primarily for training. A person who attends a training program under the following conditions is considered a "trainee" and, therefore, is not an "employee" of the Government of the United States for purposes of the Act: (1) The training, even though it includes actual operation of the facilities of the Federal activity, is similar to that given in a vocational school or other institution of learning; (2) The training is for the benefit of the individual; (3) The trainee does not displace regular employees, but, rather, is supervised by them; (4) The Federal activity which provides the training derives no immediate advantage from the activities of the trainee; on occasion its operations may actually be impeded; (5) The trainee is not necessarily entitled to a job with the Federal activity at the completion of the training period; and (6) The agency and the trainee understand that the trainee is not entitled to the payment of wages from the agency for the time spent in training. (g) "Volunteer" means a person who does not meet the definition of “employee" in paragraph (d) of this section, and who volunteers or donates his or her service the primary benefit of which accrues to the performer of the service or to someone other than the agency. Under such circumstances there is neither an expressed nor an implied compensation agreement. Services performed by such a volunteer include personal services that, if left unperformed, would not necessitate the assignment of an employee to perform them. § 551.103 Coverage. (a) Any employee of an agency who is not specifically excluded by another statute is covered by the Act. This includes any person who is: (1) Defined as an employee under section 2105 of title 5, United States Code; (2) Appointed under other appropriate authority; or (3) Suffered or permitted to work by an agency whether or not formally appointed. (b) The following persons are not covered under the Act: (1) A person appointed under appropriate authority without compensation; (2) A trainee as defined in § 551.102(f); or (3) A volunteer as defined in § 551.102(g). § 551.104 Administrative authority. The Office of Personnel Management is the administrator of the provisions of the Act with respect to any person employed by an agency, except for the equal pay provisions contained in section 6(d) of the Act, which are administered by the Equal Employment Opportunity Commission. Subpart B-Exemptions AUTHORITY: Sec. 4(f) of the Fair Labor Standards Act as amended by Pub. L. 93259, enacted April 8, 1974. SOURCE: 40 FR 27640, July 1, 1975, unless otherwise noted. § 551.201 Agency authority. The employing agency shall exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as amended, any employee who meets the exemption criteria of this subpart and such supplemental interpretations or instructions as shall be issued by the Office of Personnel Management. § 551.202 General principles governing exemptions. In all exemption determinations, the agency shall observe the principles that: (a) Exemption criteria shall be narrowly construed to apply only to those employees who are clearly within the terms and spirit of the exemption. (b) The burden of proof rests with the agency that asserts the exemption. (c) All employees who clearly meet the criteria for exemption must be so exempted. § 551.203 Exemption of executive, administrative, and professional employees. The employing agency shall exempt any employee who is an executive, administrative, or professional employee as defined herein. (a) An executive employee is a supervisor, foreman, or manager who supervises at least three subordinate employees and who meets all of the following criteria: (1) The employee's primary duty consists of management or supervision. (2) The workers supervised constitute a recognized organizational unit. (3) The employee regularly exercises discretion and independent judgment, under only general supervision, in planning, directing and controlling the work of the unit supervised. (4) The employee performs significant personnel management duties. (5) The employee's position is classified no lower than General Schedule grade 5 (GS-5) or the equivalent level in other white collar pay systems, or the employee fully meets or exceeds the "Foreman range of responsibility" defined in the job grading standard for Wage Supervisors, if under the Federal Wage System or equivalent prevailing rate systems. (6) In addition to the primary duty criterion that applies to all employees, Foreman level supervisors in the Federal Wage System or the equivalent in other wage systems, and employees classified below GS-10 or the equivalent in other white collar pay systems, |