Pay Administration Under the Fair Labor Standards Act

62 FR 9995Federal Register, Volume 62 Issue 43 (Wednesday, March 5, 1997) [Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)] [Proposed Rules] [Page 9995] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 97-5366] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules [[Page 9995]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 551 RIN 3206-AA40 Pay Administration Under the Fair Labor Standards Act AGENCY: Office of Merit Systems Oversight, OPM. ACTION: Proposed rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is withdrawing the proposed rule published on January 10, 1995, at 60 FR 2549-2551. The proposed rule would have added Subpart F--Complaints and Compliance to OPM's regulations administering pay of Federal employees under the Fair Labor Standards Act (FLSA or Act); however, events have overtaken the proposed rule. FOR FURTHER INFORMATION CONTACT: Jeffrey D. Miller, Director, Classification Appeals and FLSA Programs, by telephone on 202-606-2530; by fax on 202-606-2663; or by e-mail at JDM [email protected] .

62 FR 9995SUPPLEMENTARY INFORMATION: On January 10, 1995, OPM published a proposed rule at 60 FR 2549-2551 to amend regulations on the Fair Labor Standards Act (FLSA). The proposed rule was to supersede instructions contained in Federal Personnel Manual Letter 551-9, Civil Service Commission System for Administering the Fair Labor Standards Act (FLSA) Compliance and Complaint System (March 30, 1976). Pursuant to the Legislative Branch Appropriations Act of 1996, most of the claims settlement functions performed by the General Accounting Office (GAO) were transferred to the Director of the Office of Management and Budget (OMB). See Section 211, Public Law 104-53, 109 Stat. 535. The OMB Director delegated these functions to various components within the Executive branch in a determination order dated June 28, 1996. This order delegated to the Office of Personnel Management (OPM) the authority to settle claims against the Untied States involving Federal employees' compensation and leave (31 U.S.C. 3702), deceased employees' compensation 95 U.S.C. 5583), and proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries (38 U.S.C. 5122). OPM is withdrawing the proposed rule to amend 5 CFR Part 551 while it considers a claims procedure in keeping with its new authority. Until superseded by OPM regulations, it is OPM's policy, with one exception, to apply to the administration of any authority transferred from the General Accounting Office (GAO) any applicable GAO regulations in effect at the time of the transfer. The exception to this policy involves claims arising under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq. FLSA claims will continue to be settled in the same manner as complaints under this Act are resolved pursuant to OPM's authority to administer the FLSA for the Federal Government pursuant to 29 U.S.C. 204(f).

62 FR 9995Office of Personnel Management. James B. King, Director. [FR Doc. 97-5366 Filed 3-4-97; 8:45 am] BILLING CODE 6325-01-M