Pay & Leave Claim Decisions

Fair Labor Standards Act

Limitation on which Federal Employees May File an Administrative FLSA Claim with a Federal Agency or OPM

There are four ways you may file an FLSA claim. You may file through a negotiated grievance procedure, an agency's administrative process, the U.S. Office of Personnel Management (OPM), or an appropriate United States court. The next paragraphs explain when you must use the negotiated grievance procedure and when you have a choice between the agency or OPM.

Negotiated grievance procedure (NGP) as exclusive administrative remedy

You must use a negotiated grievance procedure as your exclusive administrative remedy if all three of the following conditions were met at any time during the claim period. You have no right to further administrative review by your agency or by OPM.

1. You were a member of a bargaining unit (i.e., in a bargaining unit position), AND
2. Your bargaining unit was covered by a collective bargaining agreement, AND
3. Your collective bargaining agreement did not specifically exclude matters under the Fair Labor Standards Act (FLSA or Act) from the scope of the negotiated grievance procedure.

Non-NGP administrative review by agency or OPM

You may file a claim with the Federal agency employing you during the claim period or with OPM, but not both at the same time, if during the entire claim period you met one of the following conditions.

1. You were not a member of a bargaining unit (i.e., in a bargaining unit position), or
2. You were a member of a bargaining unit not covered by a collective bargaining agreement, or
3. You were a member of a bargaining unit covered by a collective bargaining agreement that specifically excluded matters under the Act from the scope of the negotiated grievance procedure.

Judicial review

Nothing limits your right to bring an action in an appropriate United States court.  Filing a claim with a Federal agency or with OPM does not stop the statute of limitations governing FLSA claims filed in court from running.  We will not decide an FLSA claim that is in litigation.