RD Instruction 2051-H

Table of Contents

Page 1

PART 2051 -- HOURS AND PAY

Subpart H -- Overtime Pay

[TABLE OF CONTENTS]{.underline}

[Sec]{.underline}. [Page]{.underline}

2051.351 General. 1

2051.352 Coverage Determinations. 1

\(a\) Types of Coverage Determinations. 1

\(b\) General Principles and Practices. 1

\(c\) Record of Coverage Determinations. 2

2051.353 Authority to Order or Approve Overtime Work. 2

2051.354 Use of Overtime. 2

\(a\) Supervisory Responsibilities. 2

\(b\) Overtime Situations. 3

2051.355 Procedures for Request and Approval of Overtime. 3

2051.356 Definition of Overtime Hours. 3

\(a\) Compressed Work Schedules (CWS). 3

\(b\) Flexible Work Schedules (FWS). 3

\(c\) Traditional Work Schedules. 4

\(d\) Suffered or Permitted Work. 4

2051.357 Travel as Hours of Work. 5

\(a\) Overall Policy. 5

\(b\) Supervisory Responsibilities. 5

\(c\) Travel Rules. 5

\(d\) Official Duty Station. 5

\(e\) Alternative Mode or Time of Travel. 5

\(f\) Multiple Time Zones. 6

\(g\) Waiting Time. 6

\(h\) Home to Work Travel. 6

\(i\) FLSA Travel Documentation. 7

(04-20-05) PN 385

RD Instruction 2051-H

Table of Contents

Page 2

[Sec]{.underline}. [Page]{.underline}

2051.358 Training as Hours of Work. 7

\(a\) During Regular Working Hours. 7

\(b\) Outside Regular Working Hours. 7

2051.359 Overtime Compensation. 8

\(a\) Types of Overtime Compensation. 8

\(b\) Overtime Pay Rules. 8

\(c\) Overtime Pay for FLSA Exempt Employees. 8

\(d\) Overtime Pay for FLSA Nonexempt Employees. 9

\(e\) Compensatory Time Off Rules. 9

\(f\) Compensatory Time Off for FLSA Exempt Employees. 10

\(g\) Compensatory Time Off for FLSA Nonexempt Employees. 11

2051.360 Title 5 Backpay Claims. 11

\(a\) Avenues of Review. 11

\(b\) Time Limits. 12

2051.361 FLSA Backpay Claims. 12

\(a\) Avenues of Review. 12

\(b\) Filing Procedures for Non-NGP Administrative Review. 12

2051.362 -- 2051.400 \[Reserved\]

RD Instruction 2051-H

PART 2051 -- HOURS AND PAY

Subpart H -- Overtime Pay

§ 2051.351 [General]{.underline}.

There are two basic laws that cover overtime entitlement for Federal
employees: Title 5 of the United States Code and the Fair Labor
Standards Act (FLSA). This instruction supplements these two laws;
Office of Personnel Management (OPM) overtime regulations, rules, and
policies; and the United States Department of Agriculture (USDA)
overtime policies. This instruction describes Rural Development policy
and procedures for selected overtime issues and is intended to be read
and applied within the context of all applicable overtime laws and
regulations. OPM's regulations for Title 5 overtime are found in Part
550 of Title 5 of the Code of Federal Regulations (CFR). OPM's
regulations for FLSA overtime are found in Part 551 of Title 5 of the
CFR. In addition, OPM includes many Fact Sheets and other relevant
explanatory material on overtime pay at
[www.opm.gov/oca/pay/index.asp](http://www.opm.gov/oca/pay/index.asp).

§ 2051.352 [Coverage Determinations]{.underline}.

\(a\) [Types of Coverage Determinations]{.underline}.

\(1\) All Rural Development employees are designated as either FLSA
nonexempt, which means covered by the overtime provisions of the FLSA,
or FLSA exempt, which means not covered by the overtime provisions of
the FLSA. FLSA exempt employees are eligible for overtime pay only under
Title 5.

\(2\) The appropriate designation of employees for overtime coverage is
important because there are key differences in overtime pay between the
two laws. There are differences in what time and activities are
considered hours of work, how overtime pay is computed, and how
compensatory time off is granted.

> \(b\) [General P]{.underline}r[inciples and Practices]{.underline}.

\(1\) Each Rural Development employee is presumed to be covered by FLSA,
i.e., FLSA nonexempt, unless the individual with delegated
classification authority determines that the employee clearly\
meets one or more of the exemption criteria defined in 5 CFR 551,
Subpart B.

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

DISTRIBUTION: WSAL Human Resources

Hours and Pay

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RD Instruction 2051-H

§ 2051.352(b) (Con.)

\(2\) Classification delegates must narrowly apply exemption criteria.
If there is a reasonable doubt as to whether an employee meets the
criteria for exemption, the employee should be designated FLSA
nonexempt.

\(3\) The designation of an employee as FLSA exempt or nonexempt
ultimately rests on the duties actually performed by the employee.
Classification delegates must not base coverage determinations on
inaccurate position descriptions.

\(4\) Classification delegates must make a coverage determination for a
position at the time the position is classified. This determination
should be reviewed any time there is a significant change in duties and
responsibilities.

\(c\) [Record of Coverage Determinations]{.underline}.

\(1\) The FLSA status determination should be clearly marked on the
position description, and on Optional Form (OF) 8, "Position
Description." (Revised 08-23-06, PN 401.)

\(2\) Classification delegates should include a justification for any
exempt determination, as well as any nonexempt determination that is not
readily apparent, in the classification evaluation statement.

\(3\) The FLSA status determination is included on an employee's\
SF 50-B, "Notification of Personnel Action", under Block 35, FLSA
Category.

§ 2051.353 [Authority to Order or Approve Overtime Work]{.underline}.

The Under Secretary, Rural Development, has the authority to order or
approve overtime work. The Under Secretary redelegates this authority to
Agency Administrators and other National Office officials through the
level of Division Directors, as well as to State Directors. National
Office Officials and State Directors may redelegate authority to order
or approve overtime to the lowest supervisory level within their
respective organizations. These additional redelegations should be
issued in writing.

§ 2051.354 [Use of Overtime]{.underline}.

\(a\) [Supervisory Responsibilities.]{.underline} Managers and
supervisors with delegated overtime approval authority are responsible
for controlling the use of overtime. Overtime should be kept to a
minimum and approved within budgetary limitations.

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RD Instruction 2051-H

§ 2051.354 (Con.)

\(b\) [Overtime Situations]{.underline}. Following are examples of work
situations when it may be appropriate to order or approve overtime:

\(1\) Respond to emergencies.

\(2\) Accomplish mission-essential work.

\(3\) Meet peak workload requirements.

\(4\) Complete priority assignments with critical deadlines.

\(5\) Address nonroutine work requirements when no other option is
available.

§ 2051.355 [Procedures for Request and Approval of
Overtime]{.underline}.

It is necessary to document the order/request for and approval of
overtime. Approving officials may use Form RD 2051-6, "Request for
Overtime," or an alternative form of written documentation for the
purpose of requesting and approving overtime. Each request should
include justification for the overtime work and should be submitted and
approved prior to the overtime being worked. If the requested overtime
covers more than one pay period, separate requests should be made.

§ 2051.356 [Definition of Overtime Hours]{.underline}.

\(a\) Compressed Work Schedules (CWS).

\(1\) For full-time employees under a CWS who are FLSA exempt, overtime
hours are all officially ordered and approved hours of work in excess of
the compressed work schedule (for a day or biweekly pay period).

\(2\) For full-time employees under a CWS who are FLSA nonexempt,
overtime hours are all officially ordered and approved hours of work in
excess of the compressed work schedule AND any hours worked outside the
CWS that are suffered or permitted. (Refer to (d) of this section.)

\(b\) [Flexible Work Schedules (FWS)]{.underline}.

\(1\) For full-time employees under a FWS (e.g., Maxiflex or Flexitour)
who are either FLSA exempt or FLSA nonexempt, overtime hours are all
hours of work officially ordered in advance in excess of the approved
flexible work schedule (for a day or biweekly pay period).

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(04-20-05) PN 385

RD Instruction 2051-H

§ 2051.356(b)(con.)

\(2\) FLSA nonexempt employees under a FWS may not earn overtime pay as
a result of including suffered or permitted hours under FLSA as hours of
work.

\(3\) Credit hours under a FWS are not overtime hours. Credit hours are
worked voluntarily and are not officially ordered in advance by
management.

\(c\) [Traditional Work Schedules]{.underline}.

\(1\) For full-time employees under a traditional (i.e., 8 hours per
day, 5 days per week) work schedule who are FLSA exempt, overtime hours
are all officially ordered or approved hours of work in excess of 8
hours in a day or 40 hours in a week.

\(2\) For full-time employees under a traditional work schedule who are
FLSA nonexempt, overtime hours are all officially ordered or approved
hours of work in excess of 8 hours in a day or 40 hours in a week AND
any hours worked outside the traditional work schedule that are suffered
or permitted. (Refer to (d) of this section.)

\(d\) [Suffered or Permitted Work]{.underline}.

\(1\) 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.

\(2\) It is Rural Development policy that FLSA nonexempt employees
should not work hours in excess of their approved work schedules unless
the time has been ordered or approved in advance. This includes starting
work earlier or ending work later than approved, or working through
lunch.

\(3\) Supervisors must regularly remind FLSA nonexempt employees of the
policy on suffered or permitted work. Supervisors must monitor work
situations to ensure employees are in compliance with Rural Development
policy. Supervisors who fail to comply with the policy on suffered or
permitted work may be subject to disciplinary action.

\(4\) Employees who fail to comply with the policy and supervisory
instructions on suffered or permitted work may be subject to
disciplinary action.

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RD Instruction 2051-H

§ 2051.357 [Travel as Hours of Work]{.underline}.

\(a\) [Overall Policy]{.underline}. Whenever possible, an employee's
travel should be scheduled within regular work hours. This policy
applies to both FLSA nonexempt and FLSA exempt employees.

\(b\) [Supervisory Responsibilities]{.underline}. Supervisors are
responsible to schedule work, including travel, for subordinate
employees. When an employee must travel, it is the supervisor who should
select the mode of transportation, e.g., automobile or airplane, and the
general time of travel. Supervisors must make these decisions within
budgetary limitations and in recognition of the overall policy to
schedule travel within an employee's regular work hours.

\(c\) [Travel Rules]{.underline}. The rules on travel as hours of work
depend on whether an employee is nonexempt or exempt from FLSA.
Determination of travel time as hours of work can be difficult and must
be based on the circumstances of each individual travel situation.

\(1\) For FLSA exempt employees, travel time is credited as hours of
work under Title 5 rules. Specific references include\
5 CFR 550.112(g) and (j).

(2)For FLSA nonexempt employees, travel time is credited as hours of
work under the Title 5 rules listed in (1) and under OPM's FLSA
regulations. Specific references include 5 CFR 551.401(h) and 551.422.

\(d\) [Official Duty Station]{.underline}. Rural Development defines a
mileage radius of 50 miles to determine whether an employee's travel is
within or outside the limits of the employee's official duty station
(ODS). This is a key factor in determining entitlement to overtime
compensation for travel for both FLSA exempt and nonexempt employees.

\(e\) [Alternative Mode or Time of Travel]{.underline}. If an employee
requests, and is permitted, to use an alternative mode of transportation
(e.g., an employee prefers to drive rather than fly), or travel at a
different time than selected by the supervisor, the employee will be
credited with the lesser of:

\(1\) the actual travel time which is hours of work; or

\(2\) the estimated travel time which would have been considered hours
of work if the employee would have followed the supervisor's selected
travel mode and time.

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RD Instruction 2051-H

§ 2051.357 (Con.)

\(f\) [Multiple Time Zones]{.underline}. When an employee's travel
involves two or more time zones, the time zone at the point of first
departure for the day is used to determine whether, or how much, travel
is credited as hours of work. For example, if an employee begins travel
in Washington, D.C., and ends travel that day in St. Louis, MO, all
times are converted to the Eastern time zone to determine if any of the
travel is hours of work. When the employee returns a later day from St.
Louis, MO, to Washington, D.C., all times are converted to the Central
time zone to determine if any of the travel is hours of work.

\(g\) [Waiting Time]{.underline}.

\(1\) Waiting time at a common carrier is considered hours of work for
FLSA exempt and nonexempt employees if it occurs during regular working
hours.

\(2\) Waiting time also is considered hours of work for FLSA nonexempt
employees if it occurs when the employee is required to travel as a
passenger on:

\(i\) a one-day assignment away from the ODS; or

\(ii\) an overnight assignment away from the ODS during hours on
nonworkdays that correspond to the employee's regular working hours.

\(3\) Waiting time includes predeparture waiting time, waiting time for
connecting flights, and waiting time due to flight delays. The amount of
predeparture waiting time that may be credited (often referred to as
usual or normal waiting time) will be based on standards established by
the applicable airline. The amount of waiting time, due to connecting
flights or flight delays, that may be credited is actual waiting time
(within the limitations of (b) and (e) of this section).

\(h\) [Home to Work Travel]{.underline}.

\(1\) Normal commuting time from home to work and work to home is not
hours of work for either FLSA exempt or nonexempt employees.

\(2\) Normal home to work travel also includes travel between an
employee's home and a temporary duty location within the limits of the
employee's ODS.

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RD Instruction 2051-H

§ 2051.357(h) (Con.)

\(3\) For an employee assigned to a temporary duty station overnight,
normal home to work travel includes travel between the employee's
temporary place of lodging and a work site within the limits of the
temporary duty station.

\(4\) When an employee travels directly from home to a temporary duty
location outside the limits of the employee's ODS, the time the employee
would have spent in normal home to work travel must be deducted from
hours of work. Refer to (c) of this section for the applicable rules
crediting travel time as hours of work.

\(i\) [FLSA Travel Documentation.]{.underline} Every FLSA nonexempt
employee who is required to travel must provide sufficient information
to determine the number of hours in travel status, if any, that will be
credited as hours of work. Approving officials may use Form RD 2051-5,
"Record of FLSA Travel Time," or an alternative form of written
documentation for the purpose of recording travel time and determining
credit for hours of work.

§ 2051.358 [Training as Hours of Work]{.underline}.

\(a\) [During Regular Working Hours]{.underline}. For FLSA exempt and
nonexempt employees, time spent in training during regular working hours
on scheduled workdays is hours of work.

\(b\) [Outside Regular Working Hours]{.underline}.

\(1\) Per 5 CFR 410.402, an agency may not pay premium pay to an
employee engaged in training by, in, or through Government or
nongovernment facilities. (A few exceptions to this general prohibition
are provided in the regulation.) This general prohibition applies to
overtime pay under Title 5; however, it does not apply to payment of
FLSA overtime.

\(2\) Regulations governing overtime pay for FLSA nonexempt employees
who spend time in training outside regular working hours are found in 5
CFR 551.423.

\(3\) Time spent in training outside regular working hours shall be
considered hours of work for FLSA nonexempt employees if:

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RD Instruction 2051-H

§ 2051.358(b)(3) (Con.)

\(i\) the employee is directed to participate, i.e., Rural Development
requires the training and the employee's performance or retention in the
current position will be adversely affected by nonenrollment in the
training; and

\(ii\) the purpose of the training is to improve the employee's
performance in the current position, e.g., raise an employee's
performance up to a fully successful or equivalent level, or provide
knowledge or skills to perform new duties and responsibilities in the
employee's current position.

\(4\) The fact that Rural Development pays for all or part of an
employee's training expenses does not entitle the FLSA nonexempt
employee to overtime hours of work unless Rural Development
directs/requires participation in the training.

§ 2051.359 [Overtime Compensation]{.underline}.

\(a\) [Types of Overtime Compensation]{.underline}. There are two types
of compensation for overtime work: overtime pay and compensatory time
off.

\(b\) [Overtime Pay Rules]{.underline}. The rules for computing overtime
pay depend on whether an employee is nonexempt or exempt from FLSA. The
National Finance Center computes overtime pay for all employees.

\(c\) [Overtime Pay for FLSA Exempt Employees]{.underline}.

> \(1\) For employees whose rate of basic pay is equal to or less than
> the rate of basic pay for GS-10, step 1, the overtime hourly rate is
> the employee's hourly rate of basic pay multiplied by 1.5.
>
> \(2\) For employees whose rate of basic pay is greater than the rate
> of basic pay for GS-10, step 1, the overtime hourly rate is the
> greater of:

\(i\) the hourly rate of basic pay for GS-10, step 1, multiplied by 1.5;
or

\(ii\) the employee's hourly rate of basic pay.

\(3\) There is a biweekly pay limitation under 5 U.S.C. 5547(a) and\
5 CFR 550.105 that restricts the total of an employee's basic pay and
premium pay for any biweekly pay period to the greater of the annual
rate for GS-15/10 or level V of the Executive Schedule. A biweekly
maximum earnings limitation applies to Title 5 overtime pay.

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RD Instruction 2051-H

§ 2051.359 (Con.)

\(4\) If the Under Secretary, under 5 CFR 550.106, determines that an
emergency exists or that an employee is needed to perform work that is
critical to the mission of Rural Development, the maximum earnings
limitation will be based on calendar year, instead of biweekly,
earnings. An annual maximum earnings limitation applies to Title 5
overtime pay.

\(d\) [Overtime Pay for FLSA Nonexempt Employees]{.underline}.

\(1\) In most instances in Rural Development, the FLSA overtime hourly
rate is equal to the employee's hourly rate of basic pay multiplied by
1.5.

\(2\) In some instances in Rural Development, the computation of
overtime pay is more complicated. This occurs in situations where the
employee receives additional pay, such as night pay, pay for holiday
work, or cost of living adjustment (COLA). Detailed guidance on FLSA
overtime pay computations may be found in 5 CFR 551.511 and 551.512 and
in OPM Fact Sheets.

\(3\) The limitation on an hourly rate of overtime pay under Title 5 for
FLSA exempt employees does not apply to FLSA overtime. The maximum
biweekly or annual earnings limitations on Title 5 premium pay do not
apply to FLSA overtime pay. The absence of limitations is a strong
reason for supervisors and managers to closely monitor overtime
obligations.

\(e\) [Compensatory Time Off Rules]{.underline}.

\(1\) Compensatory time off is time off with pay from an employee's tour
of duty in lieu of overtime pay. One hour of compensatory time off is
granted for each hour of overtime work.

\(2\) There must be an entitlement to overtime compensation before
compensatory time off can be granted.

\(3\) It is Rural Development policy that all compensatory time off must
be officially recorded when earned and used. Unofficial compensatory
time off is not authorized.

\(4\) Requests to earn compensatory time off in lieu of overtime pay
must be made before the end of the pay period in which the overtime is
worked.

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(04-20-05) PN 385

RD Instruction 2051-H

§ 2051.359(e) (Con.)

\(5\) Employees may request to use compensatory time off in increments
of 15 minutes.

\(6\) It is Rural Development and USDA policy to require employees to
take compensatory time off before annual leave, unless this would result
in forfeiture of annual leave.

\(7\) Supervisors and managers must monitor compensatory time off. It is
Rural Development's goal to limit an employee's balance of compensatory
time off to a maximum of 40 hours.

\(8\) It is Rural Development and USDA policy that an employee must use
the compensatory time off no later than the end of the leave year
following the year in which it is earned. If an employee fails to use
the compensatory time off within this established time limit, the
employee will be paid for the compensatory time off hours at the
overtime rate in effect at the time the overtime was worked.

\(9\) It is USDA policy that Rural Development must liquidate an
employee's compensatory time off balance if an employee leaves Rural
Development. This includes separation from Federal service, transfer to
an agency outside USDA, or movement (e.g., reassignment or promotion) to
another USDA agency. If the employee has not used the compensatory time
off before service in Rural Development ends, the employee will be paid
for the compensatory time off hours at the overtime rate in effect at
the time the overtime was worked.

\(10\) The rules for granting compensatory time off depend on a number
of factors, including FLSA status, type of work schedule (flexible or
fixed), and type of overtime work (regularly scheduled or irregular or
occasional).

\(11\) Regularly scheduled overtime work is overtime work that is
scheduled in advance of an employee's workweek. Irregular or occasional
overtime work is overtime work that is not scheduled in advance of an
employee's workweek.

\(f\) [Compensatory Time Off for FLSA Exempt Employees]{.underline}.

\(1\) An exempt employee on a fixed work schedule (e.g., compressed or
traditional) may request compensatory time off in lieu of overtime pay
only for an equal amount of irregular or occasional overtime work.

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RD Instruction 2051-H

§ 2051.359(f) (Con.)

\(2\) An exempt employee on a flexible work schedule (e.g., maxiflex or
flexitour) may request compensatory time off in lieu of overtime pay for
an equal amount of overtime work, whether or not irregular or occasional
in nature.

\(3\) Overtime approval officials may require that an FLSA exempt
employee whose rate of basic pay exceeds GS-10, step 10, be compensated
for irregular or occasional overtime work with compensatory time off
instead of overtime payment.

\(4\) Overtime approval officials may not require that an FLSA exempt
employee whose rate of basic pay is GS-10, step 10, or less be
compensated for overtime work with compensatory time off.

\(5\) Overtime approval officials retain final approval for compensatory
time off. Approval officials are not obligated to approve every request.
There must, however, be a rational, job-related, nondiscriminatory basis
for denial of an employee's request for compensatory time off.

\(6\) The maximum earnings limitations under (c) of this section also
apply to compensatory time off. The dollar value of compensatory time
off is the amount of overtime pay the employee otherwise would have
received. Compensatory time off is merely an alternative form of payment
for overtime work. An employee may not exceed the pay limitations by
requesting compensatory time off as a substitute for monetary overtime
compensation.

\(g\) [Compensatory Time Off for FLSA Nonexempt Employees]{.underline}.

\(1\) A nonexempt employee on a fixed work schedule (e.g., compressed or
traditional) may request compensatory time off in lieu of overtime pay
only for an equal amount of irregular or occasional overtime work.

\(2\) A nonexempt employee on a flexible work schedule (e.g., maxiflex
or flexitour) may request compensatory time off in lieu of pay for an
equal amount of overtime work, whether or not irregular or occasional in
nature.

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RD Instruction 2051-H

§ 2051.360(a) (Con.)

\(3\) Overtime approving officials may not require that an FLSA
nonexempt employee be compensated for overtime work with compensatory
time off in lieu of overtime pay. Management may not deny payment of
overtime because of budget reasons for overtime that is either ordered,
or suffered or permitted. Approving officials must not interfere with an
FLSA nonexempt employee's right to request or not to request
compensatory time off in lieu of overtime pay for overtime hours.

\(4\) Overtime approval officials retain final approval for compensatory
time off. Approval officials are not obligated to approve every request.
There must, however, be a rational, job-related, nondiscriminatory basis
for denial of an employee's request for compensatory time off.

§ 2051.360 [Title 5 Backpay Claims]{.underline}.

\(a\) [Avenues of Review]{.underline}. An FLSA exempt employee may file
a backpay claim with either the servicing Human Resources (HR) Office or
OPM. If the employee initially files a backpay claim with the servicing
HR Office and disagrees with the determination, the employee may elevate
the claim to OPM. All claims to OPM are sent to: Claims Adjudication
Unit, Office of the General Counsel, Office of Personnel Management,
1900 E Street, NW, Room 7353, Washington, D.C. 20415-0001.

\(b\) [Time Limits]{.underline}. The claim must be filed within 6 years
of the occurrence giving rise to the claim.

§ 2051.361 [FLSA Backpay Claims]{.underline}.

\(a\) [Avenues of Review]{.underline}. If an employee believes that he
or she has not been properly compensated under the FLSA and is unable to
resolve the matter, the employee may file an FLSA claim.

\(1\) Negotiated Grievance Procedure (NGP): This is the exclusive
administrative remedy for any employee if, at any time during the claim
period, the employee was a member of a bargaining unit

covered by a collective bargaining agreement that did not specifically
exclude FLSA matters. Employees should refer to the collective
bargaining agreement for any terms and conditions on submission of FLSA
backpay claims.

\(2\) Non-NGP Administrative Review by Rural Development, USDA or OPM:
This is the remedy for any non-bargaining unit employee and any
bargaining unit employee whose contract excludes FLSA matters.

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RD Instruction 2051-H

§ 2051.361(a) (Con.)

\(3\) Judicial review: An employee has the right to bring an action in a
U.S. Court. Neither USDA nor OPM will make a decision on any claim in
litigation.

\(b\) [Filing Procedures for Non-NGP Administrative Review]{.underline}.

\(1\) FLSA backpay claims filed for administrative review in Rural
Development must be filed with the employee's servicing HR Office. If
the employee initially files with the servicing HR Office and receives
an unfavorable decision, the employee may file with either USDA or OPM,
but not both simultaneously. If the employee initially files with USDA
and receives an unfavorable decision, the employee may file with OPM. If
the employee initially files with OPM and the employee receives an
unfavorable decision, OPM's decision is final and the employee is not
entitled to any further administrative review.

\(2\) The claim must be filed within 2 years of the occurrence giving
rise to the claim. In cases of willful violations, the statute of
limitation is 3 years.

\(3\) An employee establishes the period of potential entitlement,
otherwise called "preserving the claim period," by filing a written
claim. The date received by the servicing HR Office, USDA or OPM,
whichever is earlier, is the date that determines the period of possible
entitlement to backpay.

\(4\) Claims must be in writing and must contain the following
information:

\(i\) The claimant's name, mailing address, and daytime telephone
number;

\(ii\) The claimant's position title, series, and grade during the claim
period;

\(iii\) A detailed description of the claim including dates claimed,
hours claimed, and incidents giving rise to the claim;

\(iv\) Evidence supporting the claim (e.g., entries on daily calendars
and building sign-in/out sheets or statements from coworkers and/or
supervisors);

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RD Instruction 2051-H

§ 2051.361(b)(4) (Con.)

\(v\) A statement certifying the claimant is not a member of a
collective bargaining unit at any time during the claim period, or if a
member, a statement certifying the collective bargaining agreement
specifically excludes FLSA matters; and

\(vi\) A statement certifying that the claim is not being pursued
simultaneously with USDA, OPM, or an appropriate United States court.

## oOo

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