1. CIVILIAN PERSONNEL ADVISORY CENTER Fair Labor Standards Act
(CPAC)
Management Training:
Fair Labor Standards Act 1

2. FLSA TRAINING AGENDA Overview FLSA Status - E or N Hours of Work
Overtime Provisions
FLSA Claims
References
In order for everyone to understand how we got to where we are now, it is important to spend a couple of minutes discussing the background of regionalization.
A number of DMRDs starting as early as 1989 focused on Defense-wide reductions and consolidations.
The National Performance Review targeted several “support” type positions for reduction including personnel, budget and acquisition positions.
The 1993 Program Decision Memorandum and 1994 Program Budget Decision directed the regionalization and modernization of civilian personnel servicing and told the components to attain a 1:88 personnelist to customer ratio based on anticipated savings from regionalization and modernization efficiencies expected.

3. OVERVIEW Fair Labor Standards Act Title 5, CFR Section 201-219
Title 29, USC
Title 5, CFR
Part 551
In order for everyone to understand how we got to where we are now, it is important to spend a couple of minutes discussing the background of regionalization.
A number of DMRDs starting as early as 1989 focused on Defense-wide reductions and consolidations.
The National Performance Review targeted several “support” type positions for reduction including personnel, budget and acquisition positions.
The 1993 Program Decision Memorandum and 1994 Program Budget Decision directed the regionalization and modernization of civilian personnel servicing and told the components to attain a 1:88 personnelist to customer ratio based on anticipated savings from regionalization and modernization efficiencies expected.

4. OVERVIEW
Provides minimum standards for wages and overtime entitlements
Specifies procedures for compensation for "hours of work"
Fair Labor
Standards Act
Section
Title 29, USC
Nonexempt - covered by the minimum wage and overtime provisions of the Act
Exempt - not covered by the minimum wage and overtime provisions of the Act
Title 5, CFR
Part 551
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

5. DETERMINING FLSA STATUS - GENERAL PRINCIPLES
Presume nonexempt unless clearly meets exemption criteria
Burden of proof for exemption rests with agency
Exemption criteria should be narrowly construed
If reasonable doubt - designate nonexempt
E or N determined
by the actual duties
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)
Temporary work or duties may affect FLSA exemption status

6. DETERMINING FLSA STATUS - GENERAL PRINCIPLES
GROUPS THAT DON'T MEET ANY EXEMPTION CRITERIA
Nonsupervisory GS Employees:
- equipment operating and protective
occupations
- technicians at GS-9 or below
- any grade involving highly
specialized technical skills acquired
through prolonged training or
experience
-- Air Traffic Control
-- Aircraft Operation
Most clerical occupations
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

7. DETERMINING FLSA STATUS - GENERAL PRINCIPLES
GS-4 or below - nonexempt
GS-5 or above - exempt only if the employee
is an executive, administrative, or
professional employee as defined in 5 CFR 551
General Schedule Employees
Nonsupervisory employees are nonexempt
Supervisory employees are exempt only if they
meet the executive exemption defined in
5 CFR 551
Federal Wage System Employees
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

8. 5 CFR 551 - EXEMPTION CRITERIA
Foreign exemption - those
employed in foreign countries
and certain U.S. territories
Executive employee
Administrative employee
Professional employee
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

9. FLSA STATUS DETERMINATION
Supervisor
assigns duties & classifies
position
ROLES
CPOC reviews job and determines if "E" or "N"
Employee has right to challenge FLSA status or OT pay
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

10. DEFINED AS: INCLUDES: 5 CFR 551 - HOURS OF WORK
”All time spent by an employee performing an activity for the benefit of an agency and under the control or direction of the agency"
DEFINED AS:
INCLUDES:
hours when required to be on duty
hours suffered or permitted to work
waiting time or idle time which is
under the agency's control and for
the benefit of the agency
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

11. 5 CFR HOURS OF WORK
Under certain conditions, "hours of work" include:
Preparatory or concluding activities ( )
Time spent traveling ( )
Time spent in training or attending conferences
( )
Time spent adjusting grievances or performing
representational functions ( )
Time spent receiving medical attention ( )
Time spent in charitable activities ( )
Time spent on standby duty or on-call ( )
Sleep time ( )
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

12. SUPERVISORS’ RESPONSIBILITY:
5 CFR HOURS OF WORK
SUPERVISORS’ RESPONSIBILITY:
Exercise appropriate controls such that the only work performed is that for which you intend to compensate the employee
Keep complete, accurate records of all hours worked
You may be asking yourself--what is the modern system.
It is a human resources information system that will support civilian personnel operations in DoD. The system is being designed to support appropriated fund, nonappropriated fund, and local national human resources operations. The modern system allows the DoD to move from multiple systems to an information system for most all DoD civilian employees.
The Modern Defense Civilian Personnel Data System replaces the legacy system and various Defense headquarters systems.
DoD examined the requirements and then selected three commercial-off-the-shelf (COTS) products to use. The core COTS product selected to replace the legacy DCPDS was Oracle Human Resources which is being used as the basis for the modern DCPDS. Resumix was selected to provide staffing support of rating, ranking, and referral of applicants. Oracle Training Administrator (OTA) was selected to provide management, administration and evaluation for employee training and development. (OTA replaces TRAIN. Very little opportunity to test & utilize OTA to date--expect adjustments in this application.)

13. OVERTIME FOR NONEXEMPT EMPLOYEES
Entitled to overtime pay at 1.5 times
their regular pay
Must receive overtime pay for "hours
of work" which exceed their regular
tour of duty
May request compensatory time (in
writing) in lieu of overtime
Note to briefer: The intent of this slide is for an audience of managers.
The modern system should prove to be a helpful tool for managers in their day-to-day work.
Similar to capabilities managers/admin support have with PPIs.

14. OVERTIME FOR EXEMPT EMPLOYEES
5 CFR authorizes OT for GS
OT pay capped at 1.5 times GS-10 step 1
If basic pay is GS-10 step 10 or below,
employee chooses OT vs. comp time
If basic pay is above GS-10 step 10,
management chooses OT vs. comp time
Exempt Employees
Note to briefer: The intent of this slide is for an audience of managers.
The modern system should prove to be a helpful tool for managers in their day-to-day work.
Similar to capabilities managers/admin support have with PPIs.
5 CFR authorizes OT for
Wage System 1.5

15. Employees entitled to file a claim Claims may concern
FLSA Claims
Employees entitled to file a claim
Claims may concern
status determination - file at any time
overtime pay - file at any time but:
2-year statute of limitations
3 years for willful violations
date claim received determines period of entitlement
The Army’s training strategy is to utilize a train-the-trainer approach.
We have established a “charter team” to develop job aids and customize training materials depending on the audience.
The plan is that training will occur approximately 2 months prior to deployment of the modern system at a region.
The Civilian Personnel Operations Center Management Agency (CPOCMA) is heading the Army’s efforts and will conduct ongoing training.
Key factors in the training strategy are continuing to be explored.

16. FLSA Claims - Bargaining Unit Member
Negotiated Grievance Procedure
If claimant was a bargaining unit member at any time during the claim period
Exclusive administrative remedy
No further administrative review by agency or by OPM
The Army’s training strategy is to utilize a train-the-trainer approach.
We have established a “charter team” to develop job aids and customize training materials depending on the audience.
The plan is that training will occur approximately 2 months prior to deployment of the modern system at a region.
The Civilian Personnel Operations Center Management Agency (CPOCMA) is heading the Army’s efforts and will conduct ongoing training.
Key factors in the training strategy are continuing to be explored.

17. FLSA Claims - Non-Bargaining Unit Member
Employee may file with agency or with OPM (but not simultaneously) if:
not a member of a bargaining unit
bargaining unit member but not covered by a collective bargaining agreement
bargaining unit member whose agreement excluded FLSA matters
Administrative Review
The Army’s training strategy is to utilize a train-the-trainer approach.
We have established a “charter team” to develop job aids and customize training materials depending on the audience.
The plan is that training will occur approximately 2 months prior to deployment of the modern system at a region.
The Civilian Personnel Operations Center Management Agency (CPOCMA) is heading the Army’s efforts and will conduct ongoing training.
Key factors in the training strategy are continuing to be explored.

18. FLSA Claim for Non-bargaining Unit Employees
Must be in writing - be specific
(suggested format posted on CPAC home page)
Will be submitted to the employee’s supervisor for review and resolution
Supervisor must acknowledge receipt, in writing, and provide written decision to the claimant
Claims may be submitted to OPM either:
after the local review and decision (if not satisfied) OR
in lieu of the local review
The Army’s training strategy is to utilize a train-the-trainer approach.
We have established a “charter team” to develop job aids and customize training materials depending on the audience.
The plan is that training will occur approximately 2 months prior to deployment of the modern system at a region.
The Civilian Personnel Operations Center Management Agency (CPOCMA) is heading the Army’s efforts and will conduct ongoing training.
Key factors in the training strategy are continuing to be explored.

19. References/Additional Information
AMCOMReg 37-34, Overtime for Civilian Employees, 13 Jul 99
AMCOM Directives On-Line
OPM Federal Employees and the FLSA
OPM Web page
Code of Federal Regulations
5 CFR 551 Pay Administration Under the FLSA
The Army’s training strategy is to utilize a train-the-trainer approach.
We have established a “charter team” to develop job aids and customize training materials depending on the audience.
The plan is that training will occur approximately 2 months prior to deployment of the modern system at a region.
The Civilian Personnel Operations Center Management Agency (CPOCMA) is heading the Army’s efforts and will conduct ongoing training.
Key factors in the training strategy are continuing to be explored.
Dept of Army Civilian Personnel On-Line
PERMISS - "Fair Labor Standards Act" "FLSA and Overtime"
"permiss"
AMCOM CPAC Home Page