B-305835.2, United States Capitol Police--Overtime Pay and Compensatory Leave for Members and Civilian Employees, August 29, 2005

B-305835.2 Aug 29, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Civilian employees and members of the United States Capitol Police (USCP) covered by the Fair Labor Standards Act (FLSA) are entitled to overtime pay, up to a certain amount as determined by USCP pay schedules. FLSA-exempt civilian employees may receive compensatory time only upon a determination of special circumstances by the Chief of Police. Members of the USCP at a rank below lieutenant are entitled to elect either overtime pay up to a certain amount as determined by USCP pay schedules or compensatory leave. USCP officers at a rank of lieutenant and above are entitled to overtime pay or compensatory leave, provided their base salary does not exceed $131,400 (in 2005, as determined by section 1009 of the Consolidated Appropriations Resolution, 2003). In addition, officers who elect to receive overtime pay are subject to this same cap on annual aggregate compensation. Section 1007 of the Legislative Branch Appropriations Act, 2006, waives the repayment of overtime pay paid to, or compensatory leave used by, USCP officers in violation of the restrictions in the Consolidated Appropriations Resolution. View Decision B-305835.2, United States Capitol Police--Overtime Pay and Compensatory Leave for Members and Civilian Employees, August 29, 2005 B-305835.2 August 29, 2005 William H. Pickle Chairman Wilson Livingood Member Alan M. Hantman Member United States Capitol Police Board Subject: United States Capitol Police—Overtime Pay and Compensatory Leave for Members and Civilian Employees On July 7, 2005, you requested our opinion on the authority of the United States Capitol Police (USCP) to provide overtime pay and compensatory and annual leave to its members and civilian employees. On July 19, 2005, we issued an opinion regarding overtime pay and compensatory leave for the three USCP employees whose salaries are fixed by statute: the Chief of Police, the Assistant Chief, and the Chief Administrative Officer.[1] This opinion addresses these same issues for the remaining USCP members and civilian employees.[2] This opinion also addresses the application of Section 1007 of the Legislative Branch Appropriations Act, 2006,[3] which waives the repayment of unauthorized overtime compensation for certain USCP officers. As we explain below, USCP civilian employees covered by the Fair Labor Standards Act (FLSA) are eligible for overtime pay, but may not receive aggregate compensation (base salary plus overtime pay) in excess of $156,848 annually (under 2005 USCP pay schedules). USCP civilian employees who are FLSA-exempt may not receive overtime pay, but may receive compensatory leave, upon a determination of special circumstances by the Chief of Police. Compensatory leave for both civilian and uniformed employees is not subject to annual aggregate compensation limits, but under USCP regulations, is subject to an annual carryover maximum of 240 hours. Since 2001, the USCP Chief has invoked his authority under the USCP Leave Regulations to waive this maximum because of continuing emergency circumstances. Members of the Capitol Police below the rank of lieutenant are covered by the FLSA and are eligible for overtime pay (up to an annual aggregate compensation limit of $156,848 under 2005 USCP pay schedules) or compensatory leave. Lieutenants and above are FLSA-exempt and are eligible for overtime pay (up to an annual aggregate compensation limit of $131,400 under 2005 pay schedules) or compensatory leave, provided their basic rate of pay does not exceed $131,400. Section 1007 waives the repayment of unauthorized overtime pay that was earned and compensatory leave that was earned and used by USCP officers at the rank of lieutenant and above prior to June 15, 2005. Section 1007 explicitly excludes the Chief, Assistant Chief, and Chief Administrative Officer from this waiver. Analysis Civilian Employees Covered by FLSA The Congressional Accountability Act and USCP regulations control overtime compensation for USCP civilian employees. The Congressional Accountability Act, enacted in 1995, made certain provisions of the FLSA applicable to covered employees in the legislative branch, including the Capitol Police. Pub. L. No. 104-1, sect. 203 (Jan. 23, 1995) (2 U.S.C. sect. 1313). The FLSA requires that certain employees receive additional compensation for hours worked beyond a 40-hour work week. 29 U.S.C. sect. 207. Generally, the Congressional Accountability Act requires that employees covered by the FLSA receive overtime pay, not compensatory leave, for additional hours worked. 2 U.S.C. sect. 1313(a)(3). These requirements apply to most employees who are not –employed in a bona fide executive, administrative, or professional capacity.— 29 U.S.C. sect.