These pages summarize the Fair Labor Standards Act (FLSA) and how the U.S. Office of Personnel Management (OPM) applies it to current and former employees of the United States Federal Government. For convenience, the phrase "current and former employees of the United States Federal 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 United States Federal 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.
You should be aware that there might be a delay between official publication of materials and their change or appearance on these pages. We will make every effort to correct errors that come to our attention.
You must file an FLSA claim in writing because the claim must have an original signature by you or your duly appointed (in writing) representative. Additionally, an FLSA claim frequently must include contains supporting documentation such as position descriptions, organizational charts, time and attendance cards, and sign in/out logs, that are not available electronically.
FLSA Exempt Employee One who is not covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA or Act). FLSA Nonexempt Employee One who is covered by the minimum wage and overtime provisions of the Act.
If you want the FLSA claim you file with OPM to be treated confidentially (that is, if you do not want us to reveal your name to the agency), you must specifically state in your claim that your identity is not to be revealed. Witnesses or other sources may also request confidentiality. We will make every effort to conduct our investigation in a way to keep from revealing your name. If we are unable to get enough information to make a decision without revealing your name, we will notify you that your claim will be cancelled with no further action by us unless you voluntarily give us written permission to reveal your name.
Our 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 will 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.
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 202-606-7948.
You or your duly appointed 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.
The FLSA Claim Decisions Table lists decisions in order by the occupational series code of the claimaint, or you may use our search engine to find decisions that may be of interest to you.
You must submit an FLSA claim in writing.
Earlier FLSA claim decisions are not available electronically. Paper copies of decisions still in our system of records may be obtained through a Freedom of Information Act request. Submit the request to Classification and Pay Claims Program Manager, Merit System Audit and Compliance, Office of Personnel Management, 1900 E Street, NW., Room 6484, Washington, DC 20415. The request should state that it is a Freedom of Information Act request and describe the requested decisions by occupational series and grade(s), the time period, and if applicable, the agency. For example, "all decisions for GS-0318 positions at grades 6 and 7 in the Department of Agriculture from 1995 to the present."
The FLSA claim decisions posted on these pages do not substitute for application of our FLSA regulations and are not "case law." These decisions should not be used as the basis for other FLSA claims because these decisions do not provide enough information for direct application in other FLSA claims.
These decisions are provided with the following cautionary notes.
Some information, such as the claimant's name and organizational information that might identify the claimant, in these FLSA claim decisions has been withheld under exemption 6 of the Freedom of Information Act (section 552(b)(6) of title 5, United States Code). Exemption 6 allows information in personnel and medical files to be withheld if disclosing the information would be 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].
An OPM decision number identifies decisions. The 9-position decision number is made up of F (for FLSA), the 4-digit occupational series of the claimant's position, the claimant's grade, and the decision number for that particular series and grade; for example, F-0802-11-02 is the second decision we issued for a claimant who was a GS-802-11 Engineering Technician.
The decisions in the FLSA Decisions Table are listed in order by occupational series and within series by grade.
Because of the detailed information required and the fact finding and analysis work we must do in an FLSA claim case, we cannot respond to specific questions about your individual situation. Specific questions about your pay or leave entitlement, including FLSA matters, should be addressed to your agency's servicing human resources office. Check out our contact page for the address for Federal employee FLSA claims filed with OPM.
OPM decision number identifies decisions. The 12-character decision number is made up of F (for FLSA claim), 4 digits for the occupational series of the position, 2 digits for the grade of the position, and 2 digits for the number of the decision for that particular series and grade. For example, the decision number F-0802-11-02 indicates that it is an FLSA claim decision for a position in the 0802 Engineering Technician occupational series at the grade 11 level and is the second decision for a claimant who was a GS-802-11 Engineering Technician.
An OPM decision number identifies decisions. The 12-character decision number is made up of F (for FLSA claim), 4 digits for the occupational series of the position, 2 digits for the grade of the position, and 2 digits for the number of the decision for that particular series and grade.
For example, the decision number F-0802-11-02 indicates that it is an FLSA claim decision for a position in the 0802 Engineering Technician occupational series at the grade 11 level and is the second decision for a claimant who was a GS-802-11 Engineering Technician.
Talk with your supervisor. Your Fair Labor Standards Act (FLSA) exemption status indicates whether you are nonexempt (covered by the FLSA) or exempt (not covered by the FLSA). If you think your FLSA exemption status or FLSA overtime pay is not correct or if you are concerned about the application of the child labor provisions of the FLSA, please review published FLSA regulations; then speak with your supervisor.
Talk with your human resources office. If you have questions your supervisor cannot answer, please speak with someone in your human resources office. Each agency applies the appropriate pay and leave policies for its own employees, including setting internal policies and procedures as needed. The Office of Personnel Management does not keep personnel records of employees in other agencies. You should first attempt to resolve individual FLSA, pay, and leave problems with your employing agency. Because of the detailed information required and the investigative work we must do in FLSA cases, we cannot respond to specific questions about your individual FLSA situation. Specific questions about your individual pay or leave entitlement, including FLSA overtime pay matters, should be addressed to your agency's human resources office.
If you want to file an FLSA complaint or claim after talking with your supervisor and your human resources office, remember that an FLSA claim or complaint must be filed in writing.
General inquiries about how the child labor provisions or exemption criteria of the Fair Labor Standards Act apply to current and former employees of the Federal Government and about how to file a claim under the Fair Labor Standards Act may be sent to federal_FLSA@opm.gov. General information about Federal pay and leave policies and programs (including FLSA overtime pay) may be found in OPM’s pay fact sheets and leave fact sheets.
If you are NOT required to file your FLSA claim using a negotiated grievance procedure, you may file your claim to either the agency employing you during the claim period or to the U.S. Office of Personnel Management (OPM), but not both at the same time.
If you decide to file an FLSA claim with OPM, you must file the claim in writing with OPM at the address below. This highlighted link will take you to a page which lists the information that you should include in your FLSA claim. You may send comments or general questions to us electronically.
Phone 202-606-7948* Mailing Address Classification and Pay Claims Program Manager
Merit System Audit and Compliance
Office of Personnel Management
1900 E Street, NW, Room 6484
Washington, DC 20415
* Hearing impaired users may utilize the Federal Relay Service by dialing 1-800-877-8339** to reach a Communications Assistant (CA). The CA will dial the requested number and relay the conversation between a standard (voice) telephone user and text telephone (TTY) user.
** Visiting the Federal Relay Service website will provide access to additional Toll-Free and Toll Access Numbers.