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Eligibility of Premium Pay Under Title 5 and FSLA

Exclusions from Premium Pay Under Title 5 And FLSA

  • Secretarial Officers, members of the Senior Executive Service (ES), and other employees whose rates of pay equal or exceed the maximum rate for GS-15;
  • Members of the Senior Foreign Service (FE) and Commissioned Foreign Service Officers (FO);
  • Commissioned Officers of the National Oceanic and Atmospheric Administration (NOAA);
  • A vessel employee, i.e., an officer or member of the crew of a vessel of the NOAA whose compensation is fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry (5 U.S.C. 5348);
  • An employee of the NOAA engaged in the conduct of meteorological investigations in the Arctic region 15 U.S.C. 327); and
  • An employee engaged in the observation of radio propagation phenomena in the Arctic or Antarctic (15 U.S.C. 278e).

Exclusions from FLSA Coverage

  • An employee who is "FLSA EXEMPT", i.e., an employee who is not covered by the FLSA by virtue of meeting the professional, executive, or administrative exemption criteria of the FLSA; and
  • An employee who would normally be "FLSA NONEXEMPT" but who is exempt from the overtime provisions of the FLSA by virtue of being permanently stationed in an exempt area, i.e., in any foreign country or in any territory within the jurisdiction of the United States, not including a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, and Johnston Island.

Foreign Exemption

The foreign exemption is applied on a workweek basis to an employee on temporary duty who is not permanently stationed in an exempt area, but who performs all hours of work in a given workweek in an exempt area. The foreign exemption is not applicable to an employee permanently stationed in an exempt area for any given workweek in which the employee performs any hours of work in the U.S. or in a territory mentioned above.

Exclusions from Title 5 Coverage

A Census enumerator paid on a piece-price basis under Title 13 U.S.C.