Overtime in the Federal Sector

Question: “Can my supervisor control my overtime?”

Answer:  Yes.  Overtime is considered an assignment of work and thus a management right at Title 5 USC § 7106.  However, procedures for distributing overtime have generally been determined to be negotiable as are appropriate arrangements for affected employees (typically covered in Collective Bargaining Agreements).  The Federal Labor Relations Authority (FLRA) has repeatedly ruled the right to assign work includes the right to assign overtime as well as determining when it will be worked. See, Social Security Administration, Office of Hearings and Appeals, 60 FLRA 461 (FLRA 2004); Bureau of Prisons, 55 FLRA 1078 (FLRA 1999). The right to assign work also, without question, includes the right of management to establish qualifications needed to perform work and make judgments as to whether specific employees meet these requirements. See, VA Medical CenterSt. Cloud, Minn., 62 FLRA 508 (FLRA 2008). Concerning the latter, it should be noted employee claims to the contrary concerning qualifications to work overtime, are immaterial and managerial determinations are absolute.  

InformedFED provides expert administrative consulting and related transactional services to federal employees in all labor and employee relations matters.


The material on this website is intended to provide only general information and comment to the public and federal employees. Although we make our best efforts to ensure information found on this website is accurate and timely, we cannot, and do not, guarantee the information is either. Nor do we guarantee accuracy of any information contained on websites to which our website provide links.  Consultants offered through this website are not attorneys and are not employees of InformedFED. They are advanced labor and employee relations practitioners. They provide services to clients in their individual capacities through individual agreements with their clients.