486
PUBLIC LAW 89-554-SEPT. 6, 1966
[80 STAT.
hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay. (2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-9, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS-9, and all that amount is premium pay. (b) For the purpose of this subchapter— (1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him, or for which he is required to return to his place of employment, is deemed at least 2 hours in duration; and (2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless— (A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or (B) the travel involves the performance of work while traveling or is carried out under arduous conditions. § 5543. Compensatory time off (a) The head of an agency may— (1) on request of an employee, grant the employee compensatory time off from his scheduled tour of duty instead of payment for an equal amount of time spent in irregular or occasional overtime work; and (2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS-9 shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under section 5542 of this title. (b) The Architect of the Capitol may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work. § 5544. Wage-board overtime rates; computation (a) An employee whose basic rate of pay is fixed and adjusted from time to tin^e in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time,.in excess of 40 a week. The overtime hourly rate of pay is computed as follows: (1) If the basic rate of pay of the emploj^ee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half. (2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to chapter
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