Nurses at Federal Correctional Institution: Overtime Entitlement

A decision was requested as to the entitlement to overtime compensation of several nurses who worked 6 days during 1 week and 4 days during the other week of a pay period. The nurses, grades GS-7 and 9, employed by the Bureau of Prisons, were so scheduled at their request by their supervisor. The warden of the Institution, the only offical at the Institution authorized to approve or order overtime, had no knowledge of the work schedule as established. The nurses' entitlement to overtime compensation is controlled by the overtime provision of the Fair Labor Standards ACT (FLSA) which states that hours of work officially ordered or approved in excess of 40 hours in an administrative workweek or in excess of 8 hours in a day are overtime work performed by an employee. Only that overtime officially ordered or approved in writing or induced by an official having the authority to order or approve overtime work is compensable overtime. Thus, there is no entitlement to overtime compensation for those hours worked overtime pursuant to the law. Amendments extended FLSA to Federal employees. It requires payment to nonexempt employees of overtime compensation for hours worked in excess of 40 hours per week. Those nurses determined to be nonexempt under FLSA would be entitled to overtime compensation for those hours worked in excess of 40 hours per week. For those nurses found to be exempt under FLSA, the additional workday in the 6-day workweek may be treated as an offset day in the related 4-day workweek.