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    Subject Term: "Overtime compensation"

    2 publications with a total of 3 open recommendations
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. WHD will continue to monitor early implementation to determine the appropriate start for any evaluation.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    Recommendation: To ensure that DHS components have sustained effective and appropriate use of AUO in accordance with law and regulation, Congress should consider requiring DHS to report annually to Congress on the use of AUO within the department, including the extent to which DHS components have made progress remediating AUO implementation deficiencies and information from annual third-party AUO audits or other department AUO oversight efforts.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, three DHS components continue to use administratively uncontrollable overtime (AUO) to compensate employees for time worked beyond the standard 8-hour workday. The Border Patrol Agent Pay Reform Act of 2014 (BPAPRA), passed in December 2014, established a new overtime compensation system for Border Patrol agents (the majority of former AUO-users). Further, an amendment to Title V, enacted in December 2016, expanded law enforcement availability pay to U.S. Customs and Border Protection's (CBP) Air and Marine Operations. However, CBP continues to use AUO to compensate other employees, such as those within in the Office of Field Operations. Also, both U.S. Immigration and Customs Enforcement (ICE) and U.S. Secret Service (USSS) continue to use AUO to compensate employees with AUO. Though the negative effects of implementing AUO incorrectly have been mitigated to some extent through the deauthorization of over 20,000 Border Patrol agents, in addition to other deauthorizations and alternative compensation mechanisms, three DHS components continue to utilize AUO. Therefore, DHS still needs to consider a holistic approach to ensuring those components use AUO correctly and our matter for congressional consideration will remain open.
    Recommendation: To better position DHS to monitor components' progress remediating AUO deficiencies, the Secretary of DHS should develop and execute a department-wide oversight mechanism to ensure components implement AUO appropriately on a sustained basis, and in accordance with law and regulation.

    Agency: Department of Homeland Security
    Status: Open

    Comments: In June 2015, the Department of Homeland Security (DHS) took actions toward addressing our recommendation by developing a department-wide oversight mechanism described in a directive and instruction on administratively uncontrollable overtime (AUO). DHS's AUO directive defines responsibility for Office of the Chief Human Capital Officer (OCHCO) that includes establishing AUO policy and guidance, providing program oversight and evaluating component AUO compliance, and administering an AUO training program, among other things. The directive also requires component heads to develop component-specific AUO policies that must be reviewed by DHS OCHCO for concurrence and also submit to OCHCO the results of an independent, third-party audit of compliance with applicable AUO law and policy no later than 18 months after the date of the directive (i.e., by December 2016) and annually thereafter . In March 2016, Immigration and Customs Enforcement (ICE) completed its annual financial audit, conducted by a separate office within DHS, which now incorporates audit of ICE's use of AUO. As of May 2017, the other DHS components that continue to use AUO--U.S. Secret Service and U.S. Customs and Border Protection--have not yet submitted results of third-party audits of AUO to OCHCO. To ensure that the AUO directive has been fully and appropriately executed across the department, the recommendation will remain open until USSS and CBP have submitted their first independent, third-party audit to OCHCO. At that point we will we review the remaining audits to determine if the recommendation has been addressed, and can therefore be closed.