Carefully compare all of the information about the incumbent and the position to the criteria outlined in 5 CFR 551. Record individual determinations and insure that these written determinations can be easily retrieved if OPM, an employee or an employee representative has questions or needs further explanation about any individual determination. The importance of paying employees the correct amount each pay period cannot be overstated. Law and regulation presume that an employee is entitled to be paid time and a half compensation for all overtime hours worked unless an employer can convincingly demonstrate that a legitimate FLSA exemption applies. Accurate FLSA determinations are a critical part of this process.
Many incorrect determinations are the result of over reliance on inaccurate position descriptions.
Accordingly, FLSA determinations may not be based solely on position descriptions. Accountability The accuracy of mission area FLSA determinations will be subject to review by OHRM during human resources management evaluations, targeted compliance reviews and assistance visits. A USDA employee who believes that he or she has not been properly compensated as required by the FLSA must first attempt to resolve the matter within the mission area. If the matter cannot be resolved to the employee's satisfaction, he or she may pursue a claim for additional monies. A bargaining unit employee who is covered by a negotiated grievance procedure must use the negotiated procedure to pursue a claim.