This settlement is final. She is not entitled to a night pay differential for work performed at night outside of her scheduled workweek. In addition to being paid to permanently-assigned personnel, post differential may also be paid to employees on extended detail either from the U.S. or from foreign posts. (a) Employees shall be entitled to receive night shift differentials in accordance with section 5343 of title 5, United States Code. See 5 CFR part 550, subpart M.). The OPM provides full details on its Night Pay for General Schedule Employees page and its Night Shift Differential for Federal Work System employees page. • Unit 06 – Night shift differential is not to be combined with weekend shift differentials. Pay Differentials are typically initiated through the collective bargaining process but may also be the result of a classification proposal. By Reg Jones on March 8, 2013 High-3, PAY, Uncategorized. Applying 5 U.S.C. follow this link to enable alert boxes for your profile, follow this link to disable alert boxes for your profile, Classifying Federal Wage System Positions, Fact Sheet: Additional Guidance in Connection with the COVID-19 Emergency, Frequently Asked Questions on Evacuation Payments During a Pandemic Health Crisis, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. However, the following employees are NOT entitled to the night shift differential pay: 1. Night Pay. NIGHT-SHIFT DIFFERENTIAL (NSD) Working in the night has become a normal workday schedule for some companies especially, those in the BPO or Business Process Outsourcing nature. Gen. 738 (1979). Is the average high-3 based on my gross pay including shift differential? GS-14, step 1 = $ 122,530.$ 122,530 / 2,087 hours = $ 58.71. OPM Contact: Jo-Ann Chabot. (Note: Overtime pay for nonexempt employees is computed under the Fair Labor Standards Act, subject to some special rules for Federal employees. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85). Note this does not track GS employees' night pay amounts; use "Night Pay Amount" for this amount. An employee is entitled to a night pay differential for a period when he is excused from nightwork on a holiday or other nonworkday and for night hours of his tour of duty while he is in an official travel status, whether performing actual duty or not. In its report to OPM, the agency states “Night pay is differential paid to an employee for regularly scheduled work performed at night…However, there was no indication on Claimant’s original time card submission that these meetings were scheduled in advance of an administrative workweek.”. Q. Under the statute, implementing regulations, and agency policy, the claimant would be entitled to a night pay differential only for night work performed during her own regularly scheduled administrative workweek which, again, must be scheduled and approved in writing by her supervisor in advance of the administrative workweek in which the hours will be worked. Amount of night differential that a Federal Wage System (FWS) employee receives during the pay period. Night pay: Night pay is a 10-percent differential paid to an employee for regularly scheduled work performed at night. 5545b are subject to special rules for computing hourly rates and overtime pay. (5 CFR 550.113). The Office of Personnel Management site says yes. I would get less by this method. Section 24.16 of the Customs Regulations (19 CFR 24.16) sets forth the procedure that U.S. Customs and Border Protection (CBP) must follow to furnish overtime and premium pay to customs officers, as required by the Customs Officer Pay Reform Act, 19 U.S.C. (a) A supervisory differential shall be calculated as a percentage of the supervisor's rate of basic pay or as a dollar amount and shall be paid in the same manner and at the same time as the supervisor's basic pay - i.e., the differential shall be paid at an hourly rate for each hour during which the supervisor receives basic pay. Throughout the claim, the claimant asserts the documentation she provided shows she is entitled to a night pay differential for the hours she attended the board meetings. The rates are computed based on an employee’s annual rate of basic pay, including any applicable special rate supplement or locality payment. No further administrative review is available within the U.S. Office of Personnel Management. Multiply the percentage by the hourly wage to figure out differential pay. the appropriate night-shift differential during periods of paid leave. It is computed as a percentage of the employee's rate of basic pay (including any applicable locality payment or special rate supplement). For example, if a worker earns $20 an hour, and the differential for the night shift is 10 percent: 20 x 0.10 = 2 Therefore, the differential pay would be $2 per hour. We created this to allow individuals to have an idea on how much their net pay would be. (Note: Under section 5538(a), active duty that qualifies for coverage under section 5538 is active duty under a provision of law referred to in 10 U.S.C. Use the greater of (1) the GS-10, step 1, hourly rate of basic pay multiplied by 1.5 OR (2) the employee’s hourly rate of basic pay. The aggregate limit to include post differential and danger pay is unlimited.The aggregate limit to include post differential and danger pay is unlimited. However, the claimant offered no proof that the board meetings were scheduled and approved in writing by her supervisor before the start of the pay period in which the board meetings took place. An employee is entitled to 25 percent of his or her rate of basic pay for work performed during a regularly scheduled basic 8-hour tour of duty that begins or ends on a Sunday. Between January 2011, and February 2016, she attended monthly Soil and Water Conservation District (SWCD) board meetings which were scheduled after her regular 8-hour workday. See Salary Table 2021-DCB.). Under 5 CFR 178.105, the burden is upon the claimant to establish the liability of the United States and the claimant’s right to payment. The only remaining issue is to determine whether the claimant is entitled to pay for time spent traveling to and from the board meetings. To determine the employee Night Differential pay: Ordinary Day Night Differential = (Hourly rate × 10% × 8 hours) Php 45.60 = (Php 57.00 × 0.10 × 8 hours) Rest day Night Shift Nothing in the record suggests that the claimant’s situation meets any of the above criteria. 5542(b)(2) or 5 CFR 550.112(g). The employee is paid night pay for all night hours scheduled, including the ones during which leave is taken. However, my employer is taking deductions for pension contributions only on my basic pay. chapter 55, subchapter V, and 5 CFR part 550, subpart A. 5545 (a) and 6123 (c), 5 CFR 550.103, and 5 CFR 550.121-122.) Additionally, if you are using assistive technology and would like to be notified of items via alert boxes, please, This website uses features which update page content based on user actions. (5 CFR 550.121) GS-9, step 1 = $ 60,129. A: No, the only thing to keep in mind is that when you work a regularly scheduled shift on Sunday night that is part of your basic 40-hour workweek each form of premium pay, that is the Sunday differential and the Night differential, is figured independently. Section 5545(a) of title 5, United States Code (U.S.C.) It is computed as a percentage of the employee’s rate of basic pay. See 5 CFR part 551. She seeks a night pay differential for hours she asserts she worked between 6 p.m. and 6 a.m.  We received the claim on January 5, 2018, and the agency administrative report (AAR) on March 5, 2018. Army and National Guard technicians earn compensatory time instead of overtime. (See 5 U.S.C. The only exception to this limitation is provided for by 5 CFR 550.122(d), which authorizes a night pay differential for an employee who is temporarily assigned to a different tour of duty that includes night work. The purpose of this handbook is to provide a framework for Federal agencies to consult in establishing alternative work schedules and to provide additional information to assist agencies in administering such programs.This handbook, with its appendices, provides detailed information on the administration of flexible and compressed work schedules, jointly referred to as alternative work schedules or AWS. Additionally, if you are using assistive technology and would like to be notified of items via alert boxes, please, This website uses features which update page content based on user actions. Fact Sheet: Night Shift Differential for Federal Wage System Employees Description. The claimant is a Federal civilian employee of the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), in Baudette, Minnesota. Joseph P. Carrigan, 60 Comp. Accordingly, her pay claim for time spent in a travel status is denied. Multiply hourly rate of basic pay by 10%. 5545(a), 5 CFR 550.103, and USDA policy to the claimant’s situation, it is clear that she is not entitled to a night pay differential. 5542(b)(2) and 5 CFR 550.112(g) and (j). To support her claim for night pay she includes a spreadsheet she created that shows the location, date, meeting timeframe, and amount of driving to and from each meeting. Hourly and biweekly rates for General Schedule employees are computed under 5 U.S.C. (b) Absence on holidays. Qualifying active duty means active duty by a covered employee pursuant to a call or order, as described in 5 U.S.C. An employee is entitled to a night pay differential for a period of paid leave only when the total amount of that leave in a pay period, including both night and day hours, is less than eight hours. Pay Differential Library A pay differential is special additional pay recognizing unusual competencies, circumstances, or working conditions applying to some or all incumbents in select classes. Gen. 243, 247 (1981); Wesley L. Goecker, 58 Comp. Multiply hourly rate of basic pay by 80 hours.$ 28.81 x 80 hours = $ 2,304.80. Night shift differential and high-3 2. Multiply hourly rate of basic pay by 25%. She seeks payment in the amount of $927.77, plus any interest due. The statutory language at 19 U.S.C. See Night Pay for General Schedule Employees Fact Sheet. The night-shift differential during periods of paid leave shall only be paid for that shift or shifts the employee would have been expected to work were he/she not on paid leave. Government employees 2. However, if a GS employee takes 8 or more hours of leave during a pay period, then night differential is paid only for the regularly scheduled hours between 6 p.m. and 6 a.m. during which the employee actually performs work. Night shift differential means the differential paid to a FWS employee when the majority of regularly scheduled non-overtime hours worked fall between 3 p.m. and 8 a.m. local time, and is computed as a percentage of the employee's rate of basic pay. Specifically, this tracks workers on second and third shifts. Holiday Premium Pay. Night differential is part of a Federal Wage System (FWS) employee's basic pay. Employee Personal Page (EPP) NFC; Pay and hours of work fact sheets (OPM) Payroll Office Letters (OPM) Salary Tables; NFC Pay Period Calendar; Fire Fighter Pay; Compensation Policy memos (OPM) Federal withholding calculator; Differential Pay. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). Night Shift Differential during leave with pay if the employee received a Night Shift Differential for the last shift worked before leave began. Accordingly, her claim for night pay differential is denied. She asserts that attending these board meetings has been a requirement included in her performance standards for the past several years. Our 2021 GS Pay Calculator allows you to calculate the exact salary of any General Schedule employee by choosing the area in which you work, your GS Grade, and your GS Step. Under 5 U.S.C. Divide annual rate of basic pay by 2,087 hours.GS-9, step 1 = $ 60,129.$ 60,129 / 2,087 hours = $ 28.81. If you are a GS employee or equivalent, then the regulations at 5 C.F.R. (Note: The examples below are based on annual rates that have been increased by a locality pay percentage of 30.48%. § 550.122(b) authorize payment of night differential for regularly scheduled night work only when the total amount of paid leave during a pay period is less than 8 hours. For FLSA-exempt employees, like the claimant, the crediting of travel time as hours of work is governed under 5 U.S.C. Multiply hourly rate of basic pay by 1.5.$ 28.81 x 1.5 = $ 43.22. Sunday Premium Pay. This is not the case here. Please do not use the app as a replacement for a payroll personnel or accounting department. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). (5 CFR 550.121)GS-9, step 1 = $ 60,129.$ 60,129 / 2,087 hours = $ 28.81.$ 28.81 x 0.10 = $ 2.88. (5 CFR 550.171)$ 28.81 x 0.25 = $ 7.20. Since differential pay is company policy, not something regulated by the government, there’s no standard way to pay it. Enter the annual rate of pay for the time period. The U.S. Office of Personnel Management’s (OPM) implementing regulations contained in section 550.103 of title 5, Code of Federal Regulations (CFR) defines regularly scheduled work as “work that is scheduled in advance of an administrative workweek under an agency’s procedures for establishing workweeks…”  Taken together, we see that the payment of night differential is limited to work the employee performs during his/her regularly scheduled administrative workweek. The Office of Personnel Management (OPM) may establish higher rates of basic pay - special rates - for a group or category of General Schedule (GS) positions in one or more geographic areas to address existing or likely significant handicaps in recruiting or retaining well-qualified employees. This is a claim for overtime pay computed on the basis of a 40-hour workweek, rather than an 80-hour pay period, as well as for night differential, and interest. 267 (“COPRA”). (a) Absence on holidays or in travel status. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). Alert box notification is currently enabled, please, follow this link to enable alert boxes for your profile, follow this link to disable alert boxes for your profile, Classifying Federal Wage System Positions, Fact Sheet: Additional Guidance in Connection with the COVID-19 Emergency, Frequently Asked Questions on Evacuation Payments During a Pandemic Health Crisis, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. (5 CFR 550.171) $ 28.81 x 0.25 = $ 7.20. In this example, the employee's hourly rate of basic pay ($58.71) is greater than the GS-10, step 1, hourly rate of basic pay multiplied by 1.5 ($47.60). 5538(a). Post Hardship Differential It is paid as a percentage of basic compensation in 5, 10, 15, 20, 25, 30 and 35% increments. We are continuously working with Certified Public Accountants when making changes to this app. 104. One of the reasons is the night shift differential pay. Add the differential pay to the hourly wage to find out the total earned each hour during the off shift. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). Description Night pay is a 10 percent differential paid to an employee for regularly scheduled work performed at night. Follow the rules below to compute rates of pay. It believes that the claim should be denied as a matter of law and regulation. 5542(b)(2) and 5 CFR 550.112(g), official travel away from an employee's official duty station is hours of work if the travel is -, • within the days and hours of the employee's regularly scheduled administrative workweek, including regularly scheduled overtime hours, or• outside the hours of the employee's regularly scheduled administrative workweek, is ordered or approved, and meets one of the following four conditions -. Night Shift Differential Part of basic pay. The claim is allowed in part and remanded to the agency in part for the reasons stated below. The agency takes the position that the claimant is not entitled to a night pay differential. For the reasons discussed herein, the claim is denied. 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