Proposed Revision of Regulations Governing Pay Administration and Hours of Duty

GAO reviewed proposed Office of Personnel Management (OPM) revisions of regulations governing pay administration and hours of duty. The proposal would revise regulations pertaining to an agency's responsibility to establish regularly scheduled workweeks for its employees and the regulations pertaining to an employee's entitlement to premium pay for regularly scheduled work outside the normal workweek. The proposed changes would have an impact on prior GAO decisions in two major areas: (1) premium pay and the establishment of regularly scheduled workweeks; and (2) payment of overtime or night differential for regularly scheduled work. OPM would define an employee's administrative workweek to limit the employee's entitlement to overtime and night differential. Regulations would be amended to specify the agency's responsibility to schedule an employee in a manner that realistically reflects actual work requirements. Since the proposed regulations represent a changed interpretation of the statutes governing overtime and night differential pay, GAO recommended that the proposed regulations be amended to expressly state that they are prospective only.