---
kind: "section"
citation: "5 C.F.R. § 551.213"
title: "5"
number: "551.213"
heading: "Exemption of employees receiving availability pay."
url: "https://uscodex.org/cfr/5/551.213"
---

# §551.213. Exemption of employees receiving availability pay.


The following employees are exempt from the hours of work and overtime pay provisions of the Act:

- (a) A criminal investigator receiving availability pay under [§ 550.181(a)](/cfr/5/550.181.md?p=a) of this chapter, as provided in [29 U.S.C. 213(a)(16)](/usc/29/213.md?p=a-16));
- (b) A pilot employed by U.S. Customs and Border Protection or its successor who is a law enforcement officer as defined in [section 5541(3)](/usc/5/5541.md?p=3) of title 5, United States Code, and who receives availability pay under [section 5545a(i)](/usc/5/5545a.md?p=i) of title 5, United States Code.

## Notes

### Source

Source: 72 FR 52765, Sept. 17, 2007, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the Fair Labor Standards Act of 1938, as amended by Pub. L. 93-259, 88 Stat. 55 (29 U.S.C. 204f). Link to an amendment published at 91 FR 48238, July 31, 2026.