These pages summarize how the U.S. Office of Personnel Management (OPM) applies the Fair Labor Standards Act (FLSA) to current and former employees of the U.S. Government.

For convenience, the phrase "current and former employees of the U.S. Government" may be shortened to "federal employees." Throughout these pages, "you" refers to a federal employee and "we" or "us" refers to OPM.

If you are not a current or former employee of the U.S. Government, these pages do not apply to you. Please read the Who does what? page or go to the Wage and Hour Division of the Employment Standards Administration in the United States Department of Labor.

Exempt Employee vs. Nonexempt Employee

FLSA Exempt Employee
An employee who is not entitled to minimum wage and overtime provisions under the Fair Labor Standards Act (FLSA).

FLSA Nonexempt Employee
An employee who is entitled to minimum wage and overtime provisions under the Fair Labor Standards Act (FLSA).

Compensation and Leave Claims

Compensation and leave claims generally are made under either title 5 of the United States Code or the Fair Labor Standards Act (FLSA).

If you have general questions about a particular FLSA issue, please contact OPM at Adjudications@opm.gov or (202) 606-7948.

There are four methods to file an FLSA claim. You may file through a negotiated grievance procedure, an agency's administrative process, the U.S. Office of Personnel Management (OPM), or an appropriate United States court.

The next paragraphs explain when you must use the negotiated grievance procedure and when you have a choice between the agency or OPM.

Cautionary Note

FLSA claims must be submitted in writing and signed by you or your designated representative.

Additionally, your FLSA claim must include supporting documentation such as position descriptions, organizational charts, time and attendance cards, and sign in/out logs, if applicable.

Representatives

You may designate a representative to assist with preparing and filing your claim, provided the representative is designated in writing and does not have management authority over your position.

Requesting Confidentiality

If you want the FLSA claim you file with OPM to be treated confidentially (that is, if you do not want OPM to reveal your name to the agency), you must specifically state in your claim that your name is not to be disclosed.

Witnesses or other sources may also request confidentiality.

We will make every effort to conduct our review without revealing your name. However, if we are unable to obtain enough information to make a decision without revealing your name, we will notify you we may be unable to proceed unless you voluntarily provide us with written permission to disclose your name.

Are You Required to Use a Negotiated Grievance Procedure?

If you are considering filing an FLSA claim, you must first determine whether you are required to use a negotiated grievance procedure.

If you are required to use a negotiated grievance procedure, you cannot file an administrative FLSA claim with either the agency employing you during the claim period or with OPM.

If you are not required to use a negotiated grievance procedure, you may file an FLSA claim with either:

• The agency employing you during the claim period
• OPM

However, you cannot pursue the same claim with both the agency and OPM at the same time. Although not required, we encourage you to seek an agency decision before filing an appeal with OPM.

If you receive an unfavorable decision from the agency, you may still file the claim with us. However, you may not file a claim with the agency after receiving an unfavorable decision from OPM. OPM's decision is final and is not subject to further administrative review.

You may bring an action in an appropriate United States court. Filing a claim with an agency or with OPM does not stop the statute of limitations from running. OPM does not make decisions on claims in litigation. FLSA claims are subject to a two-year statute of limitations, except in cases of a willful violation where the statute of limitations is 3 years.

Negotiated Grievance Procedure (NGP) as Exclusive Administrative Remedy

You must use a negotiated grievance procedure as your exclusive administrative remedy if all of the following conditions are met at any time during the claim period. You have no right to further administrative review by your agency or by OPM.

1. You were a member of a bargaining unit (position);
2. Your bargaining unit was covered by a collective bargaining agreement (CBA); and
3. Your CBA did not specifically exclude matters under the Fair Labor Standards Act (FLSA or Act) from the scope of the negotiated grievance procedure.

Non-NGP Administrative Review by Agency or OPM

You may file a claim with the agency employing you during the claim period or with OPM, but not at the same time, if during the entire claim period you met one of the following conditions:

1. You were not a member of a bargaining unit position;
2. You were a member of a bargaining unit not covered by a collective bargaining agreement (CBA); or
3. You were a member of a bargaining unit covered by a CBA that specifically excluded matters under the Act from the scope of the negotiated grievance procedure.

Information to Include in an FLSA Claim Filed with OPM

If you file an FLSA claim with OPM, you must file the claim in writing, and you or your designated representative must sign your claim. You may submit relevant information to OPM at any time before OPM issues a decision on your claim. Your claim must include the following:

• Your full name, and if you want OPM to keep your name confidential, indicate you are requesting confidentiality;
• The agency employing you during the claim period;
• The position (job title, pay plan, series, and grade) you occupied during the claim period;
• Your current mailing address and commercial telephone number, if available;
• The names, email addresses, mailing addresses, and commercial office telephone number of your representatives, if applicable;
• A description of the nature of your claim and the specific issues or incidents giving rise to your claim, including the time period covered by your claim;
• A description of actions you took to resolve your claim within the agency and the results of any actions taken;
• A copy of any relevant decision or written response by the agency;
• Evidence available to you or your representative which supports your claim, including the identity, commercial telephone number, and location of other individuals who may be able to provide information relating to your claim;
• The remedy you seek;
• Evidence, if available, that the claim period was preserved in accordance with the time limits in section 551.702 of title 5, Code of Federal Regulations;
• The date the agency or OPM received your claim, whichever is earlier, becomes the date the claim period is preserved;
• A statement that you were or were not a member of a collective bargaining unit at any time during the claim period;
• If you were a member of a bargaining unit (i.e., occupied a bargaining unit position), a statement that you were or were not covered by a negotiated grievance procedure at any time during the claim period, and if covered, whether that procedure specifically excluded your claim from the scope of the negotiated grievance procedure;
• A statement that you have or have not filed an action in an appropriate United States court; and
• Any other information you believe OPM should consider.

Submission Options

You or your designated representative should submit your claim to OPM using one of the following options.

Group Mailbox

Submit your claim or appeal directly to Adjudications@opm.gov.

Physical Mail

Mail your claim to:

Office of Adjudications
Merit System Accountability and Compliance
U.S. Office of Personnel Management
1900 E Street NW
Washington, DC 20415

Fact Finding and Decision

OPM's claim decision is based on information supplied by you and your agency. If we need additional information, we will call, write, or visit the work site. If we conduct an interview with you, you would typically be the only person to participate unless we ask another person to participate. If necessary, we will interview others who may have information pertinent to resolving the issues of your claim.

Once we make a decision, we will notify both your agency and you or your representative in writing.

Cancellation or Withdrawal of a Claim

You or your designated representative may request to withdraw your claim at any time before we issue a decision.

We may cancel your claim if you or your designated representative fail to provide requested information.

Questions

Because FLSA claims require detailed fact finding and analysis, we cannot respond to specific questions about your individual case. Specific questions about your pay or leave entitlement, including FLSA matters, should be addressed to your agency's human resources office.

If you have general questions about filing an FLSA claim with OPM, please contact us at Adjudications@opm.gov or (202) 606-7948.

Judicial Review

Nothing limits your right to bring an action in an appropriate United States court. Filing a claim with your agency or with OPM does not stop the statute of limitations governing FLSA claims filed in court from running. OPM does not make decisions for FLSA claims in litigation.

The FLSA Claim Decisions Table lists decisions by occupational series code. You may also use the search feature to find decisions that may be of interest to you.

FLSA Claims Decisions Post 2011
FLSA Claims Decisions Pre 2011

Earlier Decisions

You may request copies of earlier decisions through a Freedom of Information Act (FOIA) request.

For more information about submitting FOIA requests to OPM, please refer to Freedom of Information Act.

Your request should state that it is a FOIA request and identify the decisions you are seeking, including:

• occupational series and grade(s);
• the time period;
• the agency, if applicable.

Example:

"All decisions for GS-0318 positions at grades 6 and 7 in the Department of Agriculture from 1995 to the present."

How to Use Our FLSA Claim Decisions

The FLSA claim decisions posted on this website should be considered as contextual examples of how OPM applies current guidelines. OPM decisions can be used by agencies to help understand FLSA guidance and how to appropriately apply them to like, same, or similar positions.

These decisions are provided with the following caveats:

• Although OPM's FLSA claim decisions offer useful insight into how current regulations and criteria have been applied, they do not replace official FLSA regulations, and they are not "case law" or intended to serve as the sole basis for other FLSA claims. In addition, decisions may not include sufficient information for direct application to other positions.
• The decisions posted on this site are provided without full context. Neither the actual claim file nor supporting documentation is provided to supplement the decision.
• Each decision relates to a specific position and may not provide an appropriate basis to draw conclusions for other positions.
• Each decision reflects an interpretation of the applicable FLSA exemption criteria and regulations in effect at the time the case was decided and appropriate for the circumstances of the position in question. That interpretation may not be appropriate for other positions, given the different ways similar work may be performed, alternative interpretations of the flexibilities allowed in the regulations, and the specific conditions associated with the work of other positions.

Withheld Information

Some information in the FLSA appeal decisions on our website has been withheld under Exemption 6 of the Freedom of Information Act (5 U.S.C. § 552(b)(6)). This may include the claimant’s name or organizational information that could identify the claimant. Exemption 6 permits certain information in personnel and medical files to be withheld when disclosure would constitute a clearly unwarranted invasion of personal privacy.

Text in brackets indicates where information has been withheld under this exemption, for example [claimant's name] or [claimant's supervisor].

FLSA Claim Decision Numbers

An OPM decision number identifies a FLSA claim decision and is different from the case number assigned to the claimant. The 9-position decision number is made up:

• F (for FLSA);
• Four-digit occupational series of the claimant's position;
• the claimant's grade; and
• The sequence number for that series and grade.

For example, F-0802-11-02 is the second decision OPM issued for a claimant who was a GS-802-11 Engineering Technician.

Order of Decisions

The decisions in the FLSA Decisions Table are listed in order by occupational series and within series by grade.

Questions

Because FLSA claims require detailed fact finding and analysis, OPM cannot respond to specific questions about your individual case. Specific questions about your pay or leave entitlement, including FLSA matters, should be addressed to your agency's human resources office.

If you have general questions about filing an FLSA claim with OPM, please contact us at Adjudications@opm.gov or (202) 606-7948