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U.S. Department of Justice Human Resources Guidance

Overtime Pay for Criminal Investigators

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Follow these steps to determine whether a criminal investigator (who receives availability pay) may receive overtime pay:


Step One

Is the investigator on an alternative work schedule or a first 40-hour tour of duty?

If Yes, apply the special overtime rules for these schedules. If the investigator performed overtime work, go to Step Three.

If No, go to Step Two.


Step Two

Did the investigator work more than 8 hours in a day or 40 hours in a week?

If Yes, the excess hours are overtime hours. Go to Step Three.

If No, the investigator did not perform overtime work.


Step Three

Were the overtime hours regularly scheduled--i.e., scheduled in advance of the workweek?

If Yes, the hours do not count toward the required 2-hour average. Go to Step Four.

If No, the hours count toward the required 2-hour average. The investigator does not receive overtime pay.


Step Four

Did the overtime hours occur on a regular workday--i.e., a day during the basic 40-hour workweek on which the investigator performed at least 4 hours of nonovertime work?

If Yes, the investigator receives overtime pay only for overtime hours that exceed two hours on a regular workday.

If NO, the investigator receives overtime pay for the overtime hours.



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Last Updated August 4, 1999
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