
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5544]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5544. Wage-board overtime and Sunday rates; computation

    (a) An employee whose pay is fixed and adjusted from time to time in 
accordance with prevailing rates under section 5343 or 5349 of this 
title, or by a wage board or similar administrative authority serving 
the same purpose, is entitled to overtime pay for overtime work in 
excess of 8 hours a day or 40 hours a week. However, an employee subject 
to this subsection who regularly is required to remain at or within the 
confines of his post of duty in excess of 8 hours a day in a standby or 
on-call status is entitled to overtime pay only for hours of duty, 
exclusive of eating and sleeping time, in excess of 40 a week. The 
overtime hourly rate of pay is computed as follows:
        (1) If the basic rate of pay of the employee is fixed on a basis 
    other than an annual or monthly basis, multiply the basic hourly 
    rate of pay by not less than one and one-half.
        (2) If the basic rate of pay of the employee is fixed on an 
    annual basis, divide the basic annual rate of pay by 2,087, and 
    multiply the quotient by one and one-half.
        (3) If the basic rate of pay of the employee is fixed on a 
    monthly basis, multiply the basic monthly rate of pay by 12 to 
    derive a basic annual rate of pay, divide the basic annual rate of 
    pay by 2,087, and multiply the quotient by one and one-half.

An employee subject to this subsection whose regular work schedule 
includes an 8-hour period of service a part of which is on Sunday is 
entitled to additional pay at the rate of 25 percent of his hourly rate 
of basic pay for each hour of work performed during that 8-hour period 
of service. For employees serving outside the United States in areas 
where Sunday is a routine workday and another day of the week is 
officially recognized as the day of rest and worship, the Secretary of 
State may designate the officially recognized day of rest and worship as 
the day with respect to which the preceding sentence shall apply instead 
of Sunday. Time spent in a travel status away from the official duty 
station of an employee subject to this subsection is not hours of work 
unless the travel (i) involves the performance of work while traveling, 
(ii) is incident to travel that involves the performance of work while 
traveling, (iii) is carried out under arduous conditions, or (iv) 
results from an event which could not be scheduled or controlled 
administratively. The first and third sentences of this subsection shall 
not be applicable to an employee who is subject to the overtime pay 
provisions of section 7 of the Fair Labor Standards Act of 1938. In the 
case of an employee who would, were it not for the preceding sentence, 
be subject to the first and third sentences of this subsection, the 
Office of Personnel Management shall by regulation prescribe what hours 
shall be deemed to be hours of work and what hours of work shall be 
deemed to be overtime hours for the purpose of such section 7 so as to 
ensure that no employee receives less pay by reason of the preceding 
sentence.
    (b) An employee under the Office of the Architect of the Capitol who 
is paid on a daily or hourly basis and who is not subject to chapter 51 
and subchapter III of chapter 53 of this title is entitled to overtime 
pay for overtime work in accordance with subsection (a) of this section. 
The overtime hourly rate of pay is computed in accordance with 
subsection (a)(1) of this section.
    (c) The provisions of this section, including the last two sentences 
of subsection (a) and the provisions of section 5543(b), shall apply to 
a prevailing rate employee described in section 5342(a)(2)(B).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, 
Sec. 1(26)(A), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, 
Sec. 222(d), Dec. 16, 1967, 81 Stat. 641; Pub. L. 92-392, Sec. 5, Aug. 
19, 1972, 86 Stat. 573; Pub. L. 101-509, title V, Sec. 529 [title II, 
Sec. 210(3)], Nov. 5, 1990, 104 Stat. 1427, 1460; Pub. L. 102-378, 
Sec. 2(42), Oct. 2, 1992, 106 Stat. 1352; Pub. L. 104-201, div. A, title 
XVI, Sec. 1610(b), Sept. 23, 1996, 110 Stat. 2738; Pub. L. 105-277, div. 
G, subdiv. B, title XXIII, Sec. 2317(1), Oct. 21, 1998, 112 Stat. 2681-
829.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 673c (2d proviso).   Mar. 28, 1934, ch.
                                                    102, Sec.  23
                                                    (proviso), 48 Stat.
                                                    522.
                     ............................  Aug. 13, 1962, Pub.
                                                    L. 87-581, Sec.  201
                                                    (2d proviso), 76
                                                    Stat. 360.
                     5 U.S.C. 913.                 June 30, 1945, ch.
                                                    212, Sec.  203, 59
                                                    Stat. 297.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  205(a),
                                                    68 Stat. 1109.
(b)................  5 U.S.C. 933 (as applicable   June 30, 1945, ch.
                      to 5 U.S.C. 673c).            212, Sec.  503 (as
                                                    applicable to Sec.
                                                    23 of the Act of
                                                    Mar. 28, 1934, ch.
                                                    102, 48 Stat. 522,
                                                    as amended), 59
                                                    Stat. 301.
------------------------------------------------------------------------

    In subsection (a), former sections 673c (2d proviso) and 913 are 
combined and restated for clarity and conciseness. The last 28 words of 
section 205(a) of the Act of Sept. 1, 1954, 68 Stat. 1109, are omitted 
as executed and covered by technical section 8.
    Subsection (b) is restated to conform to subsection (a). In former 
section 933, the words ``Classification Act of 1949'' were substituted 
for ``Classification Act of 1923'' on authority of section 1106(a) of 
the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5544(a)............  5 App.: 673c (last proviso    July 18, 1966, Pub.
                      of 1st par.).                 L. 89-504, Sec.
                                                    405(f), 80 Stat.
                                                    298.
------------------------------------------------------------------------

    The words ``a part of which is on Sunday'' are coextensive with and 
substituted for ``any part of which is within the period commencing at 
midnight Saturday and ending at midnight Sunday.'' The words ``is 
entitled to additional pay'' are coextensive with and substituted for 
``shall be paid extra compensation.''

                       References in Text

    Section 7 of the Fair Labor Standards Act of 1938, referred to in 
subsec. (a), is classified to section 207 of Title 29, Labor.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-277, which directed the amendment of 
subsec. (a) by inserting after the fourth sentence ``For employees 
serving outside the United States in areas where Sunday is a routine 
workday and another day of the week is officially recognized as the day 
of rest and worship, the Secretary of State may designate the officially 
recognized day of rest and worship as the day with respect to which the 
preceding sentence shall apply instead of Sunday.'', was executed by 
making the insertion after the first sentence of the concluding 
provisions, to reflect the probable intent of Congress.
    1996--Subsec. (c). Pub. L. 104-201 inserted ``and the provisions of 
section 5543(b)'' after ``the last two sentences of subsection (a)''.
    1992--Subsec. (a). Pub. L. 102-378, Sec. 2(42)(B), amended last two 
sentences generally. Prior to amendment, last two sentences read as 
follows: ``This section, other than the sixth sentence, shall not be 
applicable to an employee who is subject to the overtime pay provisions 
of section 7 of the Fair Labor Standards Act of 1938. In the case of an 
employee who would, were it not for the preceding sentence, be subject 
to this section, hours of work in excess of 8 hours in a day shall be 
deemed to be overtime hours for the purposes of such section 7 and hours 
in a paid nonwork status shall be deemed to be hours of work.''
    Subsec. (a)(2), (3). Pub. L. 102-378, Sec. 2(42)(A), substituted 
``2,087'' for ``2,080''.
    Subsec. (c). Pub. L. 102-378, Sec. 2(42)(C), added subsec. (c).
    1990--Subsec. (a). Pub. L. 101-509 inserted at end ``This section, 
other than the sixth sentence, shall not be applicable to an employee 
who is subject to the overtime pay provisions of section 7 of the Fair 
Labor Standards Act of 1938. In the case of an employee who would, were 
it not for the preceding sentence, be subject to this section, hours of 
work in excess of 8 hours in a day shall be deemed to be overtime hours 
for the purposes of such section 7 and hours in a paid nonwork status 
shall be deemed to be hours of work.''
    1972--Subsec. (a). Pub. L. 92-392 substituted ``pay'' for ``basic 
pay'' and provided for determination of pay under section 5343 or 5349 
of this title.
    1967--Subsec. (a). Pub. L. 90-206 provided that time spent in a 
travel status away from the official duty station could not qualify as 
hours of work unless the travel involved the performance of work while 
traveling, was incident to travel involving the performance of work 
while traveling, carried out under arduous conditions, or resulting from 
an event which could not be scheduled or controlled administratively.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective as of first day of first 
applicable pay period beginning on or after Oct. 2, 1992, see section 
9(b)(9) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-392 effective on first day of first 
applicable pay period beginning on or after 90th day after Aug. 19, 
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date 
note under section 5341 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-206 effective thirty days after Dec. 16, 
1967, see section 220(a)(4) of Pub. L. 90-206, set out as a note under 
section 5542 of this title.


                          Canal Zone Employees

    Section 17(3) of Pub. L. 85-550, July 25, 1958, 72 Stat. 411, 
provided that nothing in Pub. L. 85-550, which related to wage and 
employment practices of the Government of the United States in the Canal 
Zone, should affect the applicability of former sections 673c and 913 of 
this title [covered by this section] to those classes of employees, 
within the scope of former sections 673c and 913 of this title [covered 
by this section] on July 25, 1958.

                  Section Referred to in Other Sections

    This section is referred to in sections 5541, 5543, 6123, 6128 of 
this title; title 2 sections 60e-2b, 1371; title 14 section 432; title 
15 section 278e; title 32 section 709.
