Can I challenge an agency decision on overtime pay?
Employees who believe they were incorrectly denied overtime pay may file a Fair Labor Standards Act claim with either their employing agency or with the Office of Personnel Management, but cannot pursue the same claim with both the agency and OPM at the same time. Check with your agency for procedures for filing there. For procedures, see Chapter 10, Section 1 of the Federal Employees Almanac.

Employees who get an unfavorable decision on an administrative FLSA claim from the agency may still file a claim with OPM. However, the reverse is not true.
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An FLSA pay claim is subject to a two-year statute of limitations, except in cases of a willful violation, where the statute of limitations is three years.
If you are included in a union collective bargaining unit (even if not a dues-paying member of the union), check with the union and/or your agency’s labor relations office to see if a contract mandates that you file any FLSA claim through a negotiated grievance procedure.

2020 Digital Almanac

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