|Effective Date:||Expiration Date:||Chapters:|
|Jan. 7, 2021||When Superseded||11 12|
The District government strives to provide all employees compensation that is competitive with the regional market and in accordance with federal and District of Columbia law. When public business necessitates overtime work, most employees are entitled to an overtime premium. This issuance outlines the District’s overtime policy regarding eligibility, compensation, and approval requirements.
Overtime refers to the amount of time an employee works beyond their normal scheduled tour of duty. In some cases, employees are either entitled to or eligible for additional compensation for overtime work. In lieu of overtime pay, agencies may provide additional compensation or time off in the form of compensatory leave or exempt time-off.
Most employees must be provided overtime compensation under federal law. Employees who are exempt from the federal overtime requirements may be eligible for discretionary overtime compensation. The following outlines when overtime is mandatory, when it is discretionary, and when it is prohibited.
Employees must receive overtime compensation when they are:
An agency may provide overtime compensation to employees who are:
The following employees are ineligible for overtime compensation:
Overtime for non-exempt employees is computed under the Fair Labor Standards Act (FLSA). Under the FLSA, overtime pay is calculated by multiplying an employee’s “straight time rate of pay” by all overtime hours worked PLUS one-half of the employee’s “hourly regular rate of pay” times all overtime hours worked.
Overtime pay for employees designated as “FLSA non-exempt” is computed according to the FLSA. FLSA non-exempt employees must receive compensation for overtime hours worked that is requested and approved by a supervisor, or for overtime hours worked by the employee when the supervisor has reason to believe that the employee is “working off the clock.” DCHR recommends that agencies work to ensure that managers are aware of, and are properly managing, when employees work outside their scheduled tour of duty.
Employees entitled to overtime compensation may elect to receive compensatory time as accrued leave instead of pay. Such leave accrues at the rate of one and one-half times the number of overtime hours worked. (Compensatory time is discussed in more detail below.)
Overtime compensation for some exempt employees is computed only in accordance with the section below. Before any overtime may be provided, it must be approved in writing and in advance of the overtime work, except when the overtime work is necessitated by an emergency.
Employees in the Career, Educational, Legal (except those paid from the LX salary schedule), and Management Supervisory services at Grades 12 and below, and employees in the Excepted Service at Grades 7 and below, may receive overtime compensation computed at one and one-half times the “straight time rate of pay” for overtime hours worked or receive exempt time-off hours at one-hour times the number of overtime hours worked. (Exempt time-off is discussed in more detail below.)
Employees in the Career, Educational, Legal, and Management Supervisory services at Grades 13 and 14, and employees in the Excepted Service at Grade 7, may receive overtime compensation at their standard equivalent hourly rate for overtime work. Such employees may receive pay at their regular hourly rate times the number of overtime hours worked or receive exempt time-off hours at one-hour times the number of overtime hours worked.
Rather than receiving overtime pay, an employee who is eligible to receive overtime compensation under the FLSA may elect to accrue compensatory time. Compensatory time is an authorized absence from official duty in lieu of payment of authorized overtime. When authorized, compensatory time has the following features:
Agency heads may authorize “Exempt Time Off” rather than providing overtime pay for employees who are exempt from the FLSA. Agency heads may also authorize the accrual of exempt time off for work performed beyond the employee’s regular tour of duty that is more than the 80 hours in a biweekly pay period for employees serving at a Grade 15 or above, or the Excepted Service equivalent. When authorized, Exempt Time Off accrues on an hour-for-hour basis. Exempt Time Off has the following features:
Overtime work must be officially ordered and approved in advance. Agency heads and their designees are authorized to order and approve overtime work provided the agency has sufficient funding available.
Employees may submit overtime requests in PeopleSoft. To submit a request, go to the main employee self-service page and access the navigator. Click “Self Service,” next “Time Reporting,” then “Report Time,” and finally “Overtime Requests.”
Once an employee submits an overtime request, the employee’s supervisor and, if required by PeopleSoft any additional designated agency personnel, must review and approve the request in PeopleSoft for the employee to be authorized to receive overtime pay.
For more detailed instructions for submitting and approving requests, please refer to Attachment 1 - How to Request and Approve Overtime.
As noted above, unless exempt from the overtime provisions of the FLSA, employees must receive overtime compensation when they are required or allowed to work more than 40 hours in a typical workweek or 80 hours in a pay period under an alternative or compressed work schedule. The D.C. Department of Human Resources (DCHR) is responsible for classifying employees as either exempt or non-exempt under the FLSA. DCHR classifies employees as “exempt” if they meet one of the following exemptions:
A position will be designated as exempt under the administrative employee exemption if:
For more detailed information, please refer to the Department of Labor’s (DOL) Fact Sheet #17C: Exemption for Administrative Employees Under the Fair Labor Standards Act (FLSA).
A position will be designated as exempt under the computer employee exemption if:
For more detailed information, please refer to the Department of Labor’s (DOL) Fact Sheet #17E: Exemption for Computer-Related Occupations Under the Fair Labor Standards Act (FLSA).
An employee will be designated as exempt under the executive employee exemption if:
For more detailed information, please refer to the Department of Labor’s (DOL) Fact Sheet #17B: Exemption for Executive Employees Under the Fair Labor Standards Act (FLSA).
An employee will be designated as exempt under the professional employee exemption if:
For more detailed information, please refer to the Department of Labor’s (DOL) Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA).
An employee will be designated as exempt under the highly-compensated employee exemption if:
For more detailed information, please refer to the Department of Labor’s (DOL) Fact Sheet #17H: Highly Compensated Employees and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA).
The Fair Labor Standards Act contains numerous penalties for violations of overtime rules.
Any person, such as a manager or supervisor, who willfully fails to adhere to the overtime standards established under the FLSA, may be prosecuted criminally. The penalties for willful violations of the FLSA include:
Whenever the District fails to comply with the FLSA, the District is liable to the employee or employees affected by the District’s failure to comply. The District’s liability includes:
The provisions of this instruction apply to agencies under the Mayor’s personnel authority except:
For additional information concerning this instruction, please contact the D.C. Department of Human Resources, Policy and Compliance Administration, by calling (202) 442-9700 or by sending an e-mail to firstname.lastname@example.org.
You may also visit https://www.dol.gov/whd/overtime_pay.htm for additional information on the overtime provisions of the Fair Labor Standards Act.
Issued by Director Ventris C. Gibson, D.C. Department of Human Resources on Jan. 7, 2021, midnight