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Marines

Fair Labor Standards Act (FLSA) exempt employees are employees who are not covered by the minimum wage and overtime provisions of the FLSA. Overtime pay provided under title 5, United States Code is pay for hours of work officially ordered or approved in excess of 8 hours in a day or 40 hours in an administrative workweek. Normally, approval to work overtime shall be made in writing in advance of performing the work. 

Regular Overtime

Regular overtime work means overtime work that is scheduled prior to the beginning of an employee’s regularly scheduled administrative workweek.

Irregular/Occasional

Irregular or occasional overtime work is overtime work that is not scheduled in advance of the administrative workweek and made part of an employee’s regularly scheduled workweek.

For each GS employee whose rate of pay does not exceed a minimum applicable rate for a GS-10, the overtime hourly rate is one and one-half times the employee’s hourly rate of pay.

For each employee whose rate of basic pay exceeds the minimum rate for a GS-10, the overtime hourly rate is equal to the greater of one and one-half times the applicable minimum hourly rate of basic pay for a GS-10 or the employee’s hourly rate of basic pay.

There are exceptions for air traffic controllers, law enforcement officers, firefighters, and others (5 U.S.C 5542).

The sum of an employee’s basic pay and premium pay (including night differential, the dollar value of compensatory pay, overtime pay, premium pay on an annual basis, and pay for Sunday and holiday work) for any pay period may not exceed the biweekly rate of basic pay payable for either a GS-15, step 10 (including any applicable locality pay or special rate pay) or a level V of the Executive Schedule.

Exception: For employees performing emergency or mission critical work as determined by an agency head or emergency work as determined by OPM the biweekly pay limitation does not apply. Instead, premium pay in combination with basic pay, locality pay, or special rate pay of pay may not exceed the maximum annual rate of a GS-15.

These limitations do not apply to FLSA overtime pay or to wage grade employees.

    
5 U.S.C. 5542  
5 U.S.C. 5547  
5 CFR 550  
OPM Fact Sheet on Title 5 Overtime  
    
5 U.S.C. 5544  
5 CFR 532.503  

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