2026-15597RuleSignificantWallet

OPM Updates Fair Labor Standards Act Claims Rules

Published Date: 7/31/2026

Rule

Summary

The Office of Personnel Management (OPM) is issuing this direct final rule to update the provisions concerning Fair Labor Standards Act (FLSA) claims submissions to OPM.

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

How Receipt Date Affects Back Pay

The date OPM or the employing agency receives your claim determines the period for possible back pay. If a claim for back pay is established, you may be entitled to up to 2 years of back pay, or 3 years for a willful violation.

Mandatory eFile for FLSA Claims

If you are filing a Fair Labor Standards Act (FLSA) claim with OPM on or after September 29, 2026, you must use OPM's eFile system at https://opmefile.opm.gov/hc/en-us unless OPM grants an exemption. OPM will not accept claims, requests to reopen and reconsider, or supporting documents by email or postal mail except where an exemption is approved.

What Claims Must Include

Claims filed with OPM must be in writing and include a verifiable signature (wet or digital), the employing agency name, the claimant's mailing address, email address, and telephone number, and supporting evidence or witnesses. OPM also requires registration with a unique email address for each party and their representative.

Transitional Treatment of Pending Claims

Claims filed before September 29, 2026 will be processed under the rules in effect on the date of submission or postmark. Submissions on or after September 29, 2026 must follow the amended rules.

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Key Dates

Published Date
Comments Due
Rule Effective
7/31/2026
8/31/2026
9/29/2026

Department and Agencies

Department
Independent Agency
Agency
Personnel Management Office
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