
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: 5USC6128]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                        CHAPTER 61--HOURS OF WORK
 
          SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES
 
Sec. 6128. Compressed schedules; computation of premium pay

    (a) The provisions of sections 5542(a) and 5544(a) of this title, 
section 7453(e) of title 38, section 7 of the Fair Labor Standards Act 
(29 U.S.C. 207), or any other law, which relate to premium pay for 
overtime work, shall not apply to the hours which constitute a 
compressed schedule.
    (b) In the case of any full-time employee, hours worked in excess of 
the compressed schedule shall be overtime hours and shall be paid for as 
provided by the applicable provisions referred to in subsection (a) of 
this section. In the case of any part-time employee on a compressed 
schedule, overtime pay shall begin to be paid after the same number of 
hours of work after which a full-time employee on a similar schedule 
would begin to receive overtime pay.
    (c) Notwithstanding section 5544(a) or 5546(a) of this title, or any 
other applicable provision of law, in the case of any full-time employee 
on a compressed schedule who performs work (other than overtime work) on 
a tour of duty for any workday a part of which is performed on a Sunday, 
such employee is entitled to pay for work performed during the entire 
tour of duty at the rate of such employee's basic pay, plus premium pay 
at a rate equal to 25 percent of such basic pay rate.
    (d) Notwithstanding section 5546(b) of this title, an employee on a 
compressed schedule who performs work on a holiday designated by Federal 
statute or Executive order is entitled to pay at the rate of such 
employee's basic pay, plus premium pay at a rate equal to such basic pay 
rate, for such work which is not in excess of the basic work requirement 
of such employee for such day. For hours worked on such a holiday in 
excess of the basic work requirement for such day, the employee is 
entitled to premium pay in accordance with the provisions of section 
5542(a) or 5544(a) of this title, as applicable, or the provisions of 
section 7 of the Fair Labor Standards Act (29 U.S.C. 207) whichever 
provisions are more beneficial to the employee.

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 230; 
amended Pub. L. 102-40, title IV, Sec. 403(c)(3), May 7, 1991, 105 Stat. 
240; Pub. L. 102-378, Sec. 2(44)(E), Oct. 2, 1992, 106 Stat. 1352.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-378, Sec. 2(44)(E)(i), substituted 
``5542(a) and 5544(a)'' for ``5542(a), 5544(a), and 5550(2)''.
    Subsec. (c). Pub. L. 102-378, Sec. 2(44)(E)(ii), substituted 
``5544(a) or 5546(a)'' for ``5544(a), 5546(a), or 5550(1)''.
    1991--Subsec. (a). Pub. L. 102-40 substituted ``section 7453(e)'' 
for ``section 4107(e)(5)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6121, 6130 of this title.
