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. 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. The claim is allowed in part and remanded to the agency in part for the reasons stated below. 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. Gen. 243, 247 (1981); Wesley L. Goecker, 58 Comp. 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. Specifically, this tracks workers on second and third shifts. Therefore, the employee's title 5 overtime hourly rate is equal to his or her hourly rate of basic pay. She asserts that attending these board meetings has been a requirement included in her performance standards for the past several years. If you are a GS employee or equivalent, then the regulations at 5 C.F.R. (Note: Overtime pay for nonexempt employees is computed under the Fair Labor Standards Act, subject to some special rules for Federal employees. $ 28.81 x 0.10 = $ 2.88. (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. 267(e)(1) provides that overtime compensation and premium pay may be paid to an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspe… Night and Shift Differential Pay GS Employees and FWS employees may earn night and shift differential 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. 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. Post Hardship Differential It is paid as a percentage of basic compensation in 5, 10, 15, 20, 25, 30 and 35% increments. For the reasons discussed herein, the claim is denied. (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. Night differential is part of a Federal Wage System (FWS) employee's basic pay. Disclaimer Sweldong Pinoy is for personal use. This is not the case here. The employee is paid night pay for all night hours scheduled, including the ones during which leave is taken. (5 CFR 550.171) $ 28.81 x 0.25 = $ 7.20. Follow the rules below to compute rates of pay. 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. Sunday Premium Pay. Multiply hourly rate of basic pay by 10%. Accordingly, her claim for night pay differential is denied. 5545 (a) and 6123 (c), 5 CFR 550.103, and 5 CFR 550.121-122.) Night pay differential and pay for time spent in travel status. Additionally, USDA’s General Manual, Title 360 - Human Resources, Part 427 – NRCS Hours of Duty, Subpart B - Work Schedules, 427.10, Establishment of Workweeks states “All NRCS supervisors will establish a regularly scheduled workweek in writing…for each full-time employee.”  Further, section 427.15, Emergency Situations states “Night pay differential is applicable for all regularly scheduled work performed by an employee between the hours of 6:00 p.m. and 6:00 a.m.”  Accordingly, hours worked between 6 p.m. and 6 a.m. by NRCS employees needs to be scheduled and approved in writing by the employees’ supervisor in advance of the administrative workweek in which the hours will be worked. * environmental differential pay for employees exposed to various degrees of hazard, physical hardship, and working conditions of an unusual nature; and * night differential … Most businesses will outline how shift differentials work, if they’re offered, in the employee handbook.Usually, however, differential Add the differential pay to the hourly wage to find out the total earned each hour during the off shift. Information on Shift Differential and how it currently works in TRS Currently, when an employee works hours after 5 p.m. or before 8 a.m. in the same day, the system is adding up ALL of the hours worked after 5 p.m. and before 5 p.m. to determine shift differential eligibility. The claimant is a Supervisory Soil Conservationist. OPM Contact: Jo-Ann Chabot. Night Shift Differential during leave with pay if the employee received a Night Shift Differential for the last shift worked before leave began. She believes she is entitled to a night pay differential for the hours spent at the meetings as well as for the hours spent traveling to and from the meetings. 267 (“COPRA”). Use the Time Factors (360 day factor chart available from OPM’s CSRES and FERS retirement handbook (Chapter 50, page 50, one-page PDF) to determine the fraction of a year that the period covers. As discussed previously, the claimant has failed to do so. Multiply the percentage by the hourly wage to figure out differential pay. $ 60,129 / 2,087 hours = $ 28.81. Night pay: Night pay is a 10-percent differential paid to an employee for regularly scheduled work performed at night. 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"). The agency takes the position that the claimant is not entitled to a night pay differential. Night shift differential means the differential paid for work performed when the majority of a prevailing rate employee's regularly scheduled nonovertime hours fall between 3 p.m. and 8 a.m. See Salary Table 2021-DCB.). However, the following employees are NOT entitled to the night shift differential pay: 1. 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. 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. GS-14, step 1 = $ 122,530.$ 122,530 / 2,087 hours = $ 58.71. 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. Night Pay. (b) Absence on leave. (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. Multiply hourly rate of basic pay by 80 hours.$ 28.81 x 80 hours = $ 2,304.80. Is the average high-3 based on my gross pay including shift differential? Multiply hourly rate of basic pay by 1.5.$ 28.81 x 1.5 = $ 43.22. The aggregate limit to include post differential and danger pay is unlimited.The aggregate limit to include post differential and danger pay is unlimited. authorizes the payment of night differential for “regularly scheduled work” performed between the hours of 6 p.m. and 6 a.m. Night shift differential and high-3 2. 5545b are subject to special rules for computing hourly rates and overtime pay. 5538(a). Enter the annual rate of pay for the time period. The statutory language at 19 U.S.C. See 5 CFR part 550, subpart M.). Under 5 U.S.C. Under Philippine labor laws, an employee who works between 10 p.m to 6:00 a.m. should be paid a night shift differential of not less than ten percent (10%) of his regular wage. Night Shift Differential Part of basic pay. 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). Multiply hourly rate of basic pay by 25%. o involves the performance of work while traveling (such as driving a loaded truck);o is incident to travel that involves the performance of work while traveling (such as driving an empty truck back to the point of origin);o is carried out under arduous and unusual conditions (e.g., travel on rough terrain or under extremely severe weather conditions); oro results from an event that could not be scheduled or controlled administratively by any individual or agency in the executive branch of Government (such as training scheduled solely by a private firm or a job-related court appearance required by a court subpoena). I would get less by this method. Joseph P. Carrigan, 60 Comp. She is not entitled to a night pay differential for work performed at night outside of her scheduled workweek. Government employees 2. (a) Employees shall be entitled to receive night shift differentials in accordance with section 5343 of title 5, United States Code. 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). 5542(b)(2) and 5 CFR 550.112(g) and (j). In the Philippines, working in the night between 10PM to 6AM, comes with additional compensation, and it’s called Night Shift Differential or NSD. 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. This website uses features which update page content based on user actions. Since differential pay is company policy, not something regulated by the government, there’s no standard way to pay it. Multiply hourly rate of basic pay by 10%. Divide annual rate of basic pay by 2,087 hours.GS-9, step 1 = $ 60,129.$ 60,129 / 2,087 hours = $ 28.81. (5 CFR 532.505(e)(4)) 10 Rate of basic pay Night Pay differential is in addition to overtime, Sunday, or holiday pay, and it is not included in the rate of basic pay used to compute overtime, Sunday, or 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. 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. We created this to allow individuals to have an idea on how much their net pay would be. Gen. 738 (1979). Premium pay is computed under 5 U.S.C. 5542(b)(2) or 5 CFR 550.112(g). (See Part 1 of Appendix D in the OPM Policy Guidance.) See 5 CFR part 551. 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. 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.”. 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. 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 -. chapter 55, subchapter V, and 5 CFR part 550, subpart A. Pay Differentials are typically initiated through the collective bargaining process but may also be the result of a classification proposal. Nothing in the record suggests that the claimant’s situation meets any of the above criteria. The rates are computed based on an employee’s annual rate of basic pay, including any applicable special rate supplement or locality payment. (5 CFR 550.171)$ 28.81 x 0.25 = $ 7.20. The claimant is a Federal civilian employee of the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), in Baudette, Minnesota. Description Night pay is a 10 percent differential paid to an employee for regularly scheduled work performed at night. GS-10, step 1 = $ 66,216.$ 66,216 / 2,087 hours = $ 31.73.$ 31.73 x 1.5 = $ 47.60. Q. However, my employer is taking deductions for pension contributions only on my basic pay. 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. (5 CFR 550.131 and 5 CFR 610.407)$ 28.81 x 8 hours = $ 230.48, This website uses features which update page content based on user actions. Multiply hourly rate of basic pay by 25%. • Unit 06 – Night shift differential is not to be combined with weekend shift differentials. Fact Sheet: Night Shift Differential for Federal Wage System Employees Description. She has not met her burden of proving that the claimed travel time qualifies as hours of work under 5 U.S.C. 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. 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. She seeks payment in the amount of $927.77, plus any interest due. We are continuously working with Certified Public Accountants when making changes to this app. Nothing in this settlement limits the claimant’s right to bring an action in an appropriate United States court. In limited circumstances, travel time may be considered hours of work. Amount of night differential that a Federal Wage System (FWS) employee receives during the pay period. the appropriate night-shift differential during periods of paid leave. Premium Pay Limit information not to exceed Vice Presidential salary can be found at Office of Personnel Management under 3 U.S.C. Wage Grade Employee Facts (OPM) Frequently Asked Pay Questions (OPM) Employees. 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. 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"). Section 5545(a) of title 5, United States Code (U.S.C.) 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. It is computed as a percentage of the employee's rate of basic pay. She is not entitled to a night pay differential for work performed at night outside of her scheduled workweek. Multiply the time factors by the annual rate for the total basic pay. (a) Absence on holidays or in travel status. (b) Absence on holidays. Please do not use the app as a replacement for a payroll personnel or accounting department. Applying 5 U.S.C. It believes that the claim should be denied as a matter of law and regulation. It is computed as a percentage of the employee’s rate of basic pay. Note this does not track GS employees' night pay amounts; use "Night Pay Amount" for this amount. 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. Therefore, we must concur with the agency's interpretation of the law, regulation, and agency requirement and find that the claimant’s attendance at the evening board meetings cannot be considered regularly scheduled work as defined by 5 CFR 550.103. 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. 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. 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. This settlement is final. It is computed as a percentage of the employee's rate of basic pay (including any applicable locality payment or special rate supplement). (See 5 U.S.C. 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 The only remaining issue is to determine whether the claimant is entitled to pay for time spent traveling to and from the board meetings. 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 Office of Personnel Management site says yes. 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. No further administrative review is available within the U.S. Office of Personnel Management. Army and National Guard technicians earn compensatory time instead of overtime. 104. See Night Pay for General Schedule Employees Fact Sheet. 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. Alert box notification is currently enabled, please. The General Schedule (GS) payscale is used to calculate the salaries for over 70% of all Federal government employees. (5 CFR 550.121)GS-9, step 1 = $ 60,129.$ 60,129 / 2,087 hours = $ 28.81.$ 28.81 x 0.10 = $ 2.88. Accordingly, her pay claim for time spent in a travel status is denied. The rules on travel hours of work depend on whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA). 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. Qualifying active duty means active duty by a covered employee pursuant to a call or order, as described in 5 U.S.C. 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. She also includes printouts from the SWCD board meeting websites showing the meetings are, according to her, scheduled in advance of the start of the workweek, her performance plans for fiscal years 2011 through 2016 showing the requirement to attend the board meetings, signed board meeting minutes showing the meeting timeframe and that she attended the meetings, and original timecards covering the board meeting dates showing she was not paid for attending the meetings. By Reg Jones on March 8, 2013 High-3, PAY, Uncategorized. 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. Since an agency decision made in accordance with established regulations, as is evident in the present case, cannot be considered arbitrary, capricious, or unreasonable, there is no basis upon which to reverse the decision. 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"). 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. (5 CFR 550.113). For FLSA-exempt employees, like the claimant, the crediting of travel time as hours of work is governed under 5 U.S.C. In addition, firefighters covered by 5 U.S.C. One of the reasons is the night shift differential pay. Holiday Premium Pay. 5504. Hourly and biweekly rates for General Schedule employees are computed under 5 U.S.C. Multiply hourly rate of basic pay by number of nonovertime hours worked on holiday (not to exceed 8 hours or the number of nonovertime hours of a compressed work schedule). 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. 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. 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