
Provisions of the Fair Labor Standards Act (FLSA)
I. PRINCIPAL CHANGES
This Directive has been reorganized into Parts to improve ease of reference. In addition, the following principal changes have been made. (Other minor editorial changes and clarifications have been made as needed throughout the text.)
Part One
Attachment 1-1 amended to make editorial corrections, to include additional covered occupations, and to delete superseded occupations.
Part Two
Paragraph I amended to clarify that authorized rest periods during the basic workday are considered worktime and to incorporate information from Paragraph VII of the current Directive.
Paragraph II amended to clarify that management cannot "knowingly" accept the benefits of an employee's work without paying for that work and that nonexempt employees are entitled to overtime pay for hours of work over 40 hours in a week which management "suffers or permits" to be performed "for its benefit". Also, subparagraph B. is expanded to provide for "rounding up" or "rounding down" to the nearest quarter hour in crediting overtime.
Pargraph III amended to explain the relationship between the provisions of FLSA and Title 5, U.S. Code. Also, "travel status" is defined.
Paragraph IV added to Provide juidelines on when time spent in training is considere: to be hours of work under FLSA.
Paragraph V added to provide guidelines on when time spent adjusting grievances or performing representational work is considered t4 be hours of work under FLSA.
Paragraph VI added to provide guidelines on when time spent receiving medical attention is considered hours of work.
Part Three
Paragraph I expanded to further explain how employee's "regular rate" is derived.
Paragraph II expanded to further explain the relationship between FLSA and Title 5, U.S. Code, when calculating overtime pay.
Paragraph III amended to provide additional guidance on when employees may earn compensatory time.
Paragraph IV amended to clarify the procedures for recording FLSA overtime on the Time and Attendance Report.
Attachment 3-1 added to provide examples of computations and comparisons of entitlements under Title 5 and FLSA.
II. CANCELLATION
This change transmittal is canceled when its contents have been incorporated into FSIS Directive~4551.1. For recordkeeping purposes, users may either retain or destroy this transmittal.
See full PDF for Attachments
- BASIC PROVISIONS
- EMPLOYEES COVERED (NONEXEMPT) UNDER FLSA-PREMIUM PAY ENTITLEMENT
- DETERMINING HOURS OF WORK AND OVERTIME
- PAY ADMINISTRATION
- COMPUTTING AND COMPARING PAY ENTITLEMENTS
- OVERTIME COMPARISON
- DETERMINING WHEN AN FLSA-COVERED EMPLOYEE MAY EARN COMPENSATORY TIME