Overtime Pay for Prevailing Rate Employees Who Negotiate Their Wages

An advance decision was requested on the legality of certain pay provisions for hourly paid employees whose wages have been established through collective bargaining in accordance with P.L. 92-392. The legislation does not exempt agreement provisions from the operation of other laws or provide authorization for agreements requiring expenditures of appropriated funds not authorized by law. Employees are not entitled to overtime compensation during meal periods unless substantial work is performed or after release from work. There is no authorization for higher than basic rates of pay during overtime where a scheduled meal period is delayed or preempted. Overtime compensation may not be paid at rates higher than one and one-half of the basic hourly rate.