Certain agencies are authorized to pay employees for the periods of time when the employee is not actually performing work but is required to remain at, near or able to return to a duty station when called upon. This is known as stand-by or on-call pay.
The Texas Facilities Commission and the Texas Department of Transportation may pay compensation for on-call time at the following rates:
- Credit for one hour worked for each day on-call during the normal work week, and
- Credit for two hours worked for each day on-call during weekends and on holidays.
This credit is in addition to actual hours worked during normal duty hours or actual hours worked during on-call status.
Nonexempt employees who work on-call service are considered to have worked that time during the week for purposes of the Fair Labor Standards Act of 1938 (FLSA). For example, if a nonexempt employee works a 40-hour workweek and performs one hour of stand-by work on a holiday, then the employee is entitled to two hours of overtime for purposes of the FLSA.
To learn more about entering this special pay, see Chapter 10 “Special Pays” of the USPS Process Guide.
Employees who, based on duties performed and manner of compensation, shall be subject to all Fair Labor Standards Act (FLSA) provisions. Nonexempt employees are required to account for time worked on an hourly and fractional hourly basis. Compare to definition of exempt below.
- Employees who, based on duties performed and manner of compensation, shall be exempt from the FLSA minimum wage and overtime requirements. Exempt employees are paid an established monthly or annual salary.
General Appropriations Act (GAA), Rider 16c in the appropriations to the Department of Transportation; GAA, Rider 9 in the appropriations to the Texas Facilities Commission; United States Code Title 5, Part III, Subpart D, Chapter 55, Subchapter V, Section 5545