Entitlement to Overtime and Night Premium Pay During Training

United States Customs Service Patrol Officers who attended a special training course claimed overtime pay under the Fair Labor Standards Act (FLSA) or overtime and night premium pay for regularly scheduled training sessions conducted after 6 p.m. Where training qualifies under an exception to prohibition against payment of premium pay for training, overtime under FLSA or overtime or night premium pay under Title 5 of the United States Code, must be paid. Payment should be made to the employees under Title 5 or under the FLSA, whichever provides the greater benefit.