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The Department of Homeland Security has a vital mission: to secure the nation from the many threats we face. This requires the dedication of more than 230,000 employees in jobs that range from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector. [Their] duties are wide-ranging, but [their] goal is clear: keeping America safe. (source: www.dhs.gov)

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#1 Posted : Thursday, June 23, 2022 4:43:59 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 6/23/2022(UTC)
Posts: 1
United States

Looking for some guidance on policy/regulation/law.

This is the first time I've faced this issue with my agency. I am normally scheduled every week Mon-Fri and recently had an out of state assignment for over 2 weeks with 8 hours of SOT paid each weekend day. On the final week, I had my schedule changed from Mon-Fri to Sun-Thu with Fri as a day off and Sun as a regular work day (regular hours, Sunday pay). I have been with this agency for almost 8 years and never had this done, as I have always been Mon-Fri. The change was only for that week and only to prevent from earning SOT for that day.

I am FLSA-exempt in my position, but I was still under the impression that under a normal work week, my regular days could not be changed solely to prevent paying SOT. I understand as FLSA-exempt I can be forced to take comp days, but I expected this to mean that I would be able to put the comp time in WebTA and then have 26 pay periods following that date to request and use my accrued comp time.

I'm looking for references to statute, OPM regulation, DHS policy, or any other guidance that I can use to try and prevent this from happening in the future. We have a new supervisor in our scheduling section that has started doing this to individuals on the return side of their out of town travel. I get that he maybe wants to be financially prudent, but it would make a difference to us to have a choice on when we use our comp time rather than a day of his choosing in the same week.

Ideally we would want to be paid our SOT, but being FLSA exempt allows him to do this to an extend. Any help on something I can reference to be able to get our comp time would be appreciated, or if I am completely off on my understanding at least I would know the proper regulations.
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