Federal, State and
Local Government Employees
While the FLSA requires overtime pay for Federal, State and
local government employees some special rules and exceptions apply. However, a majority of federal employees are
entitled to overtime pay and minimum wage.
Many government agencies have withheld overtime
pay wrongfully from federal employees.
Employees are often misclassified as being
exempt from overtime pay provisions.
The Office of Personnel Management (OPM)
regulates federal pay requirements according to the Title 5 of the Code of
Federal Regulations. These pay grades are usually not in accordance with
the FLSA regulations and can actually be non-exempt. Many classifications of jobs that label
federal employees as exempt could be non-exempt because their job duties do not
make them exempt from receiving overtime pay.
in addition to the special rules the general
rules of the FLSA also apply
pay at least minimum wage
pay overtime for all hours of 40 per week
follow child labor regulations
- meet record-keeping requirements
- Compensatory or “comp” time may be substituted
for the overtime pay if the employee agrees.
Comp time is limited to 480 hours per year for police, fire fighters,
EMS and seasonal workers; all other workers up to 240 hours per year.
- State wage laws may not allow some of the
exceptions from overtime pay found under the FLSA. Your employer is required to follow the law,
State and Federal. Federal overtime law may be more likely to require overtime
Work. Employees who without employer
insistence occasionally work part-time for the same public agency in a
Job-Sharing. Employees at their option, and with the
approval of the agency, who substitute for one another during scheduled work
hours in the same job may forfeit overtime pay
and Residential Care Facility Employees.
Hospital or residential care establishments may adopt with agreement or understanding with employees a fixed
work period of 14 consecutive days and pay overtime after 8 hours in a day or
80 in the work period, whichever is greater.
See [(fixed work periods)] and hospital and residential care
Activities. Mass transit employees
who spend time in charter work may
have that time excluded from regular pay rate
Municiple Pool, Rec Center & Park Employees. Minimum wage and overtime may not be required for employees
working in separate seasonal amusement or recreational establishments such as
swimming pools, parks, etc. See [(seasonal recreation workers)]
Other exemptions discussed under the headings of
police/firefighter, executive/professional and seasonal/recreation workers may
- State and local government employees are people
who work for public agencies
- The FLSA defines "Public Agency" as
the Government of the United States; the government of a State or
local or county government
The definition also includes any agency of the
United States, of a State, of any local or county government or of any
interstate governmental agency, for example the FBI
The definition does not include employees
of private companies performing public functions, such as private security companies