§6123 Flexible Schedules; Computation of Premium Pay

Summary

An agency head may give an employee compensatory time off instead of paying overtime if the employee asks, even for irregular overtime and even if other pay laws would normally apply. If comp time is not given, the employee must be paid under the usual overtime rules. An employee cannot be paid for credit hours unless a separate rule allows it or those hours count toward the employee’s basic work requirement. Night premium pay or night differential will not be paid just because an employee chooses to work credit hours or picks a start or end time that falls in premium hours. The exception is for flexible schedules that require an employee to be present during hours that are designated for night pay — those required hours must get the premium. For one group of employees, the differential must be paid when all or a majority of a day’s scheduled hours fall in the night period; for another group, it must be paid when at least 4 hours of the schedule fall in the night period.