---
kind: "section"
citation: "5 C.F.R. § 551.501"
title: "5"
number: "551.501"
heading: "Overtime pay."
url: "https://uscodex.org/cfr/5/551.501"
---

# §551.501. Overtime pay.

- (a) An agency shall compensate an employee who is not exempt under [subpart B](/cfr/5/subpartB.md) of this part for all hours of work in excess of 8 in a day or 40 in a workweek at a rate equal to one and one-half times the employee's hourly regular rate of pay, except that an employee shall not receive overtime compensation under this part—
  - (1) On the basis of periods of duty in excess of 8 hours in a day when the employee receives compensation for that duty under 5 U.S.C. [5545(c)(1)](/usc/5/5545.md?p=c-1) or [(2)](/usc/5/5545.md?p=c-2) or [5545b](/usc/5/5545b.md);
  - (2) On the basis of hours of work in excess of 8 hours in a day that are not overtime hours of work under [§ 410.402](/cfr/5/410.402.md) of this chapter, [part 532](/cfr/5/part532.md) of this chapter and [5 U.S.C. 5544](/usc/5/5544.md), or [part 550](/cfr/5/part550.md) of this chapter;
  - (3) On the basis of hours of work in excess of 8 hours in a day for an employee covered by [5 U.S.C. 5544](/usc/5/5544.md) for any hours in a standby or on-call status or while sleeping or eating;
  - (4) On the basis of hours of work in excess of 8 hours in a day for an individual who is not an employee, as defined in [5 U.S.C. 5541(2)](/usc/5/5541.md?p=2), for purposes of 5 U.S.C. [5542](/usc/5/5542.md), [5543](/usc/5/5543.md), and [5544](/usc/5/5544.md);
  - (5) On the basis of hours of work in excess of 40 hours in a workweek for an employee engaged in fire protection or law enforcement activities when the employee is receiving compensation under 5 U.S.C. [5545(c)(1)](/usc/5/5545.md?p=c-1) or [(2)](/usc/5/5545.md?p=c-2) or [5545b](/usc/5/5545b.md), or is not an employee (as defined in [5 U.S.C. 5541(2)](/usc/5/5541.md?p=2)) for the purposes of 5 U.S.C. [5542](/usc/5/5542.md), [5543](/usc/5/5543.md), and [5544](/usc/5/5544.md);
  - (6) For hours of work that are not “overtime hours,” as defined in [5 U.S.C. 6121](/usc/5/6121.md), for employees under flexible or compressed work schedules;
  - (7) For hours of work compensated by compensatory time off under [§ 551.531](/cfr/5/551.531.md) of this part; and
  - (8) For fractional hours of work, except as provided in [§ 551.521](/cfr/5/551.521.md) of this part.
- (b) **An employee's “workweek” is a fixed and recurring period of 168 hours—** seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of a day. For employees subject to [part 610](/cfr/5/part610.md) of this chapter, the workweek shall be the same as the administrative workweek defined in [§ 610.102](/cfr/5/610.102.md) of this chapter.
- (c) In this subpart, “irregular or occasional overtime work” is overtime work that is not scheduled in advance of the employee's workweek.
- (d) The maximum earnings limitations described in §§ [550.105](/cfr/5/550.105.md), [550.106](/cfr/5/550.106.md), and [550.107](/cfr/5/550.107.md) of this chapter do not apply to overtime pay due the employee under this subpart.

## Notes

### Amendments

[45 FR 85665, Dec. 30, 1980, as amended at 56 FR 11060, Mar. 15, 1991; 56 FR 20343, May 3, 1991; 57 FR 59279, Dec. 15, 1992; 63 FR 64594, Nov. 23, 1998; 64 FR 69180, Dec. 10, 1999]

### Source

Source: 45 FR 85665, Dec. 30, 1980, 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.

### Amendments

[45 FR 85665, Dec. 30, 1980, as amended at 56 FR 11060, Mar. 15, 1991; 56 FR 20343, May 3, 1991; 57 FR 59279, Dec. 15, 1992; 63 FR 64594, Nov. 23, 1998; 64 FR 69180, Dec. 10, 1999]