Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify section 5141 of title 31, or other statute authorizing additional pay for nightwork.
5 U.S.C. § 5545
HISTORICAL AND REVISION NOTES 1966 ACT | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a), (b) | 5 U.S.C. 921 . | June 30, 1945, ch. 212, §301, 59 Stat. 298.May 24, 1946, ch. 270, §10, 60 Stat. 218.Sept. 1, 1954, ch. 1208, §206, 68 Stat. 1110. |
(c) | 5 U.S.C. 926 . | Sept. 1, 1954, ch. 1208, §208(a), 68 Stat. 1111.July 18, 1958, Pub. L. 85-525, 72 Stat. 363. |
1967 ACT | ||
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
5545(c) | 5 App.: 926. | July 18, 1966, Pub. L. 89-504 §§404(c), 405(d), (e), 80 Stat. 297, 298. |
5545(d) | 5 App.: 1134. | July 19, 1966, Pub. L. 89-512, §1, 80 Stat . 318. |
EDITORIAL NOTES
REFERENCES IN TEXTGS-10, referred to in subsec. (c)(1), is contained in the General Schedule which is set out under section 5332 of this title.The Occupational Safety and Health Act of 1970, referred to in subsec. (d), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
AMENDMENTS2021-Subsec. (d)(1). Pub. L. 117-58 substituted "except-" and subpars. (A) and (B) for "except in such circumstances as the Office may by regulation prescribe; and".2003-Subsec. (d). Pub. L. 108-136 inserted before period at end of first sentence ",and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970". 1992-Subsec. (d). Pub. L. 102-378 made technical correction to directory language of Pub. L. 101-509, §529[title II, §203]. See 1990 Amendment note below. 1990-Subsec. (c)(1). Pub. L. 101-509, §529[title I, §101(b)(3)(E)], inserted "(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)" after "GS-10".Subsec. (d). Pub. L. 101-509, §529[title II, §203], as amended by Pub. L. 102-378 struck out "irregular or intermittent" before "duty involving unusual" in first sentence and inserted ",except in such circumstances as the Office may by regulation prescribe" after "thereof" in par. (1). 1989-Subsec. (c)(2). Pub. L. 101-173 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is determined as an appropriate percentage, not less than 10 percent nor more than 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10, by taking into consideration the frequency and duration of irregular unscheduled overtime duty required in the position."1982-Subsec. (a). Pub. L. 97-258 substituted "section 5141" for "section 180". 1979-Subsec. (c)(2). Pub. L. 96-54 substituted "percent" for "per centum" wherever appearing. 1978-Subsecs. (c), (d). Pub. L. 95-454 substituted "Office of Personnel Management" for "Civil Service Commission" and "Office" for "Commission" wherever appearing.1975- Pub. L. 94-183 struck out "Sunday," after "Night," in section catchline. 1970-Subsec. (c)(2). Pub. L. 91-231 corrected the system of premium compensation of employees whose work schedules cannot be administratively controlled by providing for separate treatment for irregular, unscheduled, and overtime duty on one hand and for duty at night, on Sundays, and on holidays on the other.1968-Subsec. (c)(1). Pub. L. 90-556 inserted "(or, for a position described in section 5542(a)(3) of this title, of the basic pay of the position)" after "GS-10".1967-Subsec. (e)(2). Pub. L. 90-206 substituted "not less than 10 percent nor more than 25 percent" for "not in excess of 15 percent".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2003 AMENDMENT Subject to any vested constitutional property rights, any administrative or judicial determination after Nov. 24, 2003, concerning backpay for a differential established under subsec. (d) of this section to be based on occupational safety and health standards described in the amendments made by subsections (a) and (b) of section 1122 of Pub. L. 108-136 amending this section and section 5343 of this title, see section 1122(c) of Pub. L. 108-136 set out as a note under section 5343 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101-509 set out as a note under section 5301 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101-173, §1(b), Nov. 27, 1989, 103 Stat. 1292, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to overtime duty performed on or after the first day of the first applicable pay period beginning after September 30, 1990."
EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) of Pub. L. 96-54 set out as a note under section 305 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-231 effective Apr. 15, 1970, see section 9(b) of Pub. L. 91-231 formerly set out in a 1970 Increase in Pay Rates note under section 5332 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-556 effective on first day of first pay period beginning on or after thirtieth day after Oct. 10, 1968, see section 3 of Pub. L. 90-556 set out as a note under section 5542 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206 set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.
WAGE RATE REQUIREMENTSFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117-58 including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.