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Premium Pay Definitions

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Administratively Uncontrollable Overtime (AUO) Pay - premium pay paid as a percentage of the employee's annual rate for work which requires substantial amounts of irregular or occasional overtime with the employee responsible without supervision for recognizing the circumstances which require him or her to remain on duty; one of three categories of premium pay (the others being regularly scheduled standby duty and availability pay) paid on an annual basis. The percentage of AUO to which an employee is entitled is initiated, changed, or terminated for employees on the Time and Attendance Report (T&A). Actual hours of AUO worked are not recorded on the T&A except for NONEXEMPT employees. AUO hours count against the weekly overtime standard but not the daily overtime standard.

Administrative Workweek - absent designation of another period, it is a period of seven consecutive calendar days beginning with Sunday that is designated in advance by the head of an operating unit head or a designee.

Annual Premium Pay - pay at a percentage of the GS employee's annual rate (instead of the hourly overtime rate) for standby duty, administratively uncontrollable overtime work, or availability hours (5 CFR 550).

Availability Pay - annual premium pay instead of annual premium pay for administratively uncontrollable work, standby duty or irregular or occasional overtime work payable to criminal investigators in the GS-1811/1812 series only; annual premium pay at 25 percent of a criminal investigator's basic rate for hours in excess of the basic workweek which average a minimum of 2 hours daily (over the course of a year) during which the investigator is designated to be available to perform unscheduled duty.

Basic Work Requirement - for employees on a flexible or compressed alternative work schedule, the number of non-overtime hours an employee is required to work or to account for by leave.

Basic Workweek - for full-time employees, the 40-hour workweek which does not extend over more than six of any seven consecutive days and officially prescribes the days and hours during which the employee is entitled to basic pay. When it is impractical to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled administrative workweek, management may establish the first 40-hours of duty performed within a period of not more than 6 days of the administrative workweek as the basic workweek.

Call-back Overtime Pay - compensation in the form of paid overtime or compensatory time off for irregular or occasional overtime work performed when the employee is called back from an off-duty status or on a day on which no work was planned. Call-back overtime is deemed at least two hours for purposes of paying premium pay each time the employee is called back, regardless of whether any work is performed. Call-back on a holiday is payable at not less than 2 hours of holiday pay-total holiday pay not to exceed the nonovertime hours of the employee's day.

Compensatory time - time off in lieu of pay for equal amounts of irregular or occasional overtime work. If the AWS plan provides for it, compensatory time off in lieu of pay for regularly scheduled overtime may be offered employees who work flexible (not compressed) work schedules. Compensatory time is earned and used in quarter hour increments.

Credit Hours - nonovertime hours in excess of the basic work requirement which an employee under a flexible (not compressed) schedule elects to work so as to vary the length of a workweek or workday. Credit hours are not compensable by overtime, compensatory time off, holiday pay, or Sunday differential and may not be used to establish a premium pay entitlement. Credit hours are liquidated at the employee's basic rate of pay when an employee moves to an organization not covered by the same flexible work schedule.

Duty Overtime - an informal term used by foreign service personnel to describe the requirement to perform compensable overtime duty outside the normal workweek periodically as the officer of the day, e.g., on one Saturday a month.

Fair Labor Standards Act (FLSA) - 29 U.S.C.; a Federal labor law which establishes a minimum standard for wages and a method for computing the overtime entitlement of NONEXEMPT employees.

Fire Protection Employee Covered by 5 U.S.C. 8331(21) or 8401(14) - a firefighter who is eligible for early retirement under CSRS or FERS; an employee whose duties are primarily and directly related to the control and extinguishment of fires when the duties are so rigorous as to require a young and physically vigorous individual; also an employee transferred directly to a supervisory or administrative position after performing the duties just described for at least 3 years.

Fire Protection Employee Subject to Section 7(k) of the FLSA - FLSA NONEXEMPT employees who are properly classified to the GS-0081 Fire Protection and Prevention series; NONEXEMPT employees who are employed by an organized fire department or fire protection district; who have been trained in fire prevention, control, and extinguishment; who have authority to perform these activities; and who perform these and directly related activities, regardless of level of position, job specialty, or length of tour; firefighters having a slightly higher overtime standard than the 40-hour standard under Section 7(a) of the FLSA. (29 CFR 553.210). See Section 6 for specific overtime standards.

FLSA Exempt Employee - an employee not covered by the FLSA; an employee whose work is performed with a level of independence, responsibility, and judgment meeting the exemption criteria under FLSA; generally, a bona fide executive, professional and administrative employee or an FWS employee above the general foreman level. (Determinations on FLSA coverage are made by servicing classification specialists who apply the exemption criteria to each position and designate the FLSA status on CD-516, Position Description Cover Sheet.)

FLSA Nonexempt Employee - an employee who is covered by the FLSA; generally, FWS, clerical, technical, and paraprofessional employees; an employee whose overtime entitlement is computed under FLSA rules only.

FS, FE, FO, FP, and FC Pay Plans - FS designates the Foreign Service pay schedule whose statutory authority is 22 U.S.C. 3963. FS includes the FP and FO pay plans. FP indicates foreign service officer candidates serving under limited appointments prior to being commissioned as foreign service officers. FO means a commissioned foreign service officer who is appointed by the President under Section 302(a)(1) of Title 22. FE employees are senior executive service equivalents: they are paid ES rates. FC means "foreign compensation"; it is a rate on the General Schedule paid to Census employees on limited appointments who perform work authorized under a PASA agreement for the Agency for International Development.

GG and GH Pay Plans - as used within the Department, GG is the decennial census employee equivalent of the GS pay plan; GH is the decennial Census employee equivalent of the former GM pay plan. GG/GH rates parallel General Schedule rates but they are considered administratively determined since they have their authority in Section 23 of Title 13. As a matter of policy, Census adopts General Schedule rates and pay practice without modification.

Holiday Premium Pay - sometimes called "double time". An employee who works a holiday is entitled to pay at his or her rate of basic pay plus premium pay at a rate equal to his or her rate of basic pay for nonovertime hours worked up to 8 except that an employee on a compressed (not flexible) schedule may be paid holiday pay for all nonovertime hours worked for that day. Holiday premium pay is not overtime pay. An employee who works overtime on a holiday gets the same overtime rate he or she would get on any other day for overtime hours worked.

Irregular or Occasional Overtime Work - overtime that is announced after the beginning of the administrative workweek in which it is performed as opposed to being scheduled in advance of the employee's regularly scheduled workweek.

Law Enforcement Officer Covered by 5 U.S.C. 8331(20) or 8401(17) - a law enforcement officer who is eligible for early retirement under CSRS or FERS; a law enforcement officer whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States when such duties are so rigorous they require young and physically vigorous individuals; also an employee transferred directly to an administrative or supervisory position after performing the duties just described for a minimum of 3 years.

Law Enforcement Officer Subject to Section 7(k) of the FLSA - a FLSA NONEXEMPT law enforcement officer who meets all the following criteria: (1) enforces laws to protect life and property from accidental or willful injury or detect and prevent crimes; (2) has the power of arrest; (3) and has been or will be trained in criminal and civil law principles, self-defense, firearms proficiency, and investigative and law enforcement techniques (29 CFR 553.211); a law enforcement officer who has a slightly higher overtime standard than the 40 hour standard defined in Section 7(a) of the FLSA. See Section 6 for specific overtime standards. NOTE: Law enforcement officers whose primary duty is compliance work are subject to the 7(a) overtime standard of FLSA. Those in receipt of availability pay are EXEMPT from the FLSA.

On-Call Status - for GS employees and FWS employees "on-call" means an off duty unpaid status in which an employee is ordered by management to be available to perform irregular or occasional overtime work, if necessary. The employee may leave his/her quarters or home as long as he/she can be reached by beeper or phone. "On-call status" should not be confused with "call-back overtime". An "on-call" employee has no pay entitlement of any kind until he or she performs work.

"On-call" is used synonymously with "standby" in the prevailing rate statute (5 U.S.C. 5544) which leads to confusion. The concepts of standby work and on-call status are the same for GS and FWS employees. FWS and GS employees are paid differently for standby work..

Operating unit means bureaus and offices designated by Department Organization Order 1-1 and, in addition, the Office of the Secretary.

Overtime - all work that is performed by an employee that has been officially ordered or approved in excess of 8 hours in a day or 40 hours in an administrative workweek which meets the criteria for hours of work under Title 5. For a NONEXEMPT employee, overtime (for hours over 40 in a week) also includes hours of work under Part 551 of the CFR. For an employee on a flexible work schedule overtime hours are hours of work ordered or authorized by management in excess of 8 in a day or 40 in a week not including credit hours. For employees on compressed work schedules, overtime hours are all hours the employee is ordered to work in excess of the compressed schedule. For firefighters or law enforcement officers covered by Section 7(k) of the FLSA, overtime is hours of work in excess of 53 and 42 3/4 hours in a week, respectively. For an employee on a first-40-hour tour (provided the employee is FLSA EXEMPT), and provided the employee is engaged in professional or technical engineering or scientific activities or has a rate of basic pay in excess of GS-10, step 1, overtime is hours of work in excess of 40 in a week. For NONEXEMPT employees working a first 40-tour, overtime is all hours of work in excess of 8 in a day or 40 in a week.

Premium Pay - GS employees - additional pay authorized for overtime, night shift differential, holiday worked, Sunday work, standby duty, administratively uncontrollable overtime work or availability duty.

Premium Pay - Federal Wage System employees - additional compensation for overtime, night shift differential, holiday worked, Sunday work, or standby duty.

Rate of Basic Pay for Premium Pay Purposes - for GS employees, the rate of pay fixed by law or administrative action for the position held by an employee, including any special pay adjustment for law enforcement officers under Section 302 or 404 of the Federal Employees Pay Comparability Act of 1990, respectively, or locality-based comparability payment under 5 U.S.C. 5304, before deductions and exclusive of additional pay of any kind. For FWS employees, it is the scheduled rate of pay plus any night shift or environmental differential.

Regular Rate - a term used in computing overtime entitlement for NONEXEMPT employees under FLSA rules; the rate computed by dividing the total remuneration paid to the employee in a workweek by the total number of hours of work and leave in the workweek for which compensation was paid.

Regularly Scheduled Administrative Workweek - the days and hours of each day within the administrative workweek during which the employee is regularly scheduled to work. For full-time employees, it consists of the forty-hour basic workweek plus any periods of regularly scheduled overtime work; for part-time employees, it means the officially prescribed days and hours during which the employee is scheduled in advance to work; for GS employees paid annual premium pay for standby duty, it consists of the total number of regularly scheduled hours of duty in a workweek plus hours in which the employee remains at or within the confines of his or her duty station in standby status (i.e., without the requirement to perform any work), including eating and sleeping time; for employees on a flexible or compressed alternative work schedule, it consists of the basic work requirement, plus any periods of regularly scheduled overtime work..

Regularly Scheduled Overtime Work - overtime work scheduled by management in advance of the administrative workweek as part of an employee's regularly scheduled work for that workweek.

Regularly Scheduled Work - nonovertime work, nightwork, scheduled by management in advance of the administrative workweek in which it is performed.

Standby Duty/Standby Pay - GS Employees - is regularly scheduled work which restricts the employee's whereabouts to a designated post, a substantial portion of the employee's entire tour (about 25 percent) being spent not in work but in readiness to perform work; duty for which premium pay is authorized under 5 CFR 550.141; one of three categories of premium pay paid to GS employees at an annual rate (the others being AUO and availability pay). Standby hours are counted against the weekly overtime standard rather than the daily overtime standard. For GS employees time spent eating and sleeping is included in total standby hours.

Standby Duty/Standby Pay - Federal Way System Employees - is scheduled work in excess of 40 hours (exclusive of eating and sleeping hours) which severely restricts the employee's whereabouts to a designated post, most of the time being spent not in work but in readiness to perform work. For a wage employee, standby duty is payable at the employee's usual overtime rate for actual hours worked in excess of 40.

Straight Time Rate - a term used in computing overtime entitlement for NONEXEMPT employees under FLSA rules. It is equal to an employee's rate of basic pay for his or her position (see definition of "rate of basic pay") (exclusive of any premiums or differentials paid at less than the basic rate) except for an employee who is authorized annual premium pay for scheduled standby duty or AUO.

For an employee who is authorized annual premium pay, the straight time rate of pay is equal to the employee's rate of basic pay, plus annual premium pay, divided by the hours the base pay and annual premium pay represent.

NOTE: holiday pay, since it is paid at not less than the employee's basic rate of pay, must be included, when appropriate, in the monies and hours considered in the calculation of straight time rate.

Suffer or Permit - a FLSA concept applicable only to NONEXEMPT employees and not applicable to them if they work a flexible schedule under AWS; suffered or permitted work is irregular or occasional overtime creditable for hours over 40 provided that the employee's supervisor knew of or had reason to know that the work was being performed, had an opportunity to prevent it from being performed, and failed to act. Suffered or permitted is overtime for purposes of meeting the weekly overtime standard only.

Time and Attendance Report - either the certified Form CD-440, Time and Attendance Report, or the computer generated certified copy of the Time and Attendance Report (CD-440PC).

Tour of Duty - the hours of a day (a daily tour of duty) and the days of an administrative workweek (a weekly tour of duty) that constitute an employee's regularly scheduled administrative workweek.




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