§ 5546. Pay for Sunday and holiday work

884 words·~4 min read·/usc/title-5/section-5546

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.

(b)An employee who performs work on a holiday designated by Federal statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the District of Columbia Council, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not—

(1)in excess of 8 hours; or

(2)overtime work as defined by section 5542(a) of this title.

(c)An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work.

(d)An employee who performs overtime work as defined by section 5542(a) of this title on a Sunday or a designated holiday is entitled to pay for that overtime work in accordance with section 5542(a) of this title.

(e)Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545(a) and

(b)of this title, providing premium pay for nightwork.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90–83, § 1(29), Sept. 11, 1967, 81 Stat. 201; Pub. L. 90–623, § 1(13), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2317(2), Oct. 21, 1998, 112 Stat. 2681–829.)

In subsections

(a)and (b), the word “officer” is omitted as included in “employee”.

In subsections

(b)and (c), the word “designated” is substituted for “such a” and “such” in former section 922(b) and

(c)to identify the holiday as one designated by statute, Executive order, or the Board of Commissioners of the District of Columbia.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

In subsection (a), the words “An employee who performs work . . . is entitled to pay . . . at the rate of his basic pay” are coextensive with and substituted for “Any . . . service . . . performed . . . shall be compensated . . . at the rate of basic compensation of the officer or employee performing such work.” The words “section 5542(a) of this title” are substituted for “section 201 of this Act” to reflect the codification of that section in title 5, United States Code. The words “between midnight Saturday and midnight Sunday” are coextensive with and substituted for “within the period commencing at midnight Saturday and ending at midnight Sunday”.

Connections51 cite this · traces to 2

Cited by 51 sections · top 34

statutes-at-large

U.S. Code

Traces to 2 documents

U.S. Code

21 references not yet in our index

Pub. L. 89–554
80 Stat. 488
Pub. L. 90–83, § 1(29)
81 Stat. 201
Pub. L. 90–623, § 1(13)
82 Stat. 1312
Pub. L. 105–277, div. G
112 Stat. 2681–829
Pub. L. 105–277
Pub. L. 90–623, § 1(13)(A)
Pub. L. 90–623, § 1(13)(B)
Pub. L. 90–623
section 1(13)(B) of Pub. L. 90–623
section 6 of Pub. L. 90–623
Pub. L. 93–198, title VII, § 711
87 Stat. 818
section 401 of Pub. L. 93–198
Pub. L. 105–277, div. A, § 101(h) [title VI, § 624]
112 Stat. 2681–480
Pub. L. 105–61, title VI, § 636
111 Stat. 1316

Citation graph

cites case law

§ 5546

Pay for Sunday and holiday work

Fed. Reg.×35

Stat.×14

U.S.C.×2

U.S.C.§ 5542

U.S.C.§ 5334

Pub. L.Pub. L. 89–554

Stat.80 Stat. 488

Pub. L.Pub. L. 90–83, § 1(29)

Stat.81 Stat. 201

Pub. L.Pub. L. 90–623, § 1(13)

Cites 23 · showing 7Cited by 51 across 3 sources