19 U.S. Code § 267 - Overtime and premium pay for customs officers
Subject to paragraph (2) and subsection (c), acustoms officer who is officially assigned to perform work in excess of 40 hours in the administrative workweek of the officer or in excess of 8 hours in a day shall be compensated for that work at an hourly rate of pay that is equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this paragraph, the hourly rate of basic pay for acustoms officer does not include any premium pay provided for under subsection (b).
Any work for which compensation is authorized under paragraph (1) and for which thecustoms officer is required to return to the officer’s place of work shall be treated as being not less than 2 hours in duration; but only if such work begins at least 1 hour after the end of any previous regularly scheduled work assignment and ends at least 1 hour before the beginning of the following regularly scheduled work assignment.
Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (A) applies, thecustoms officer is entitled to be paid, as compensation for commuting time, an amount equal to 3 times the hourly rate of basic pay of the officer.
If the majority of the hours of regularly scheduled work of acustoms officer occurs during the period beginning at 3 p.m. and ending at 12 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate.
If the majority of the hours of regularly scheduled work of acustoms officer occurs during the period beginning at 11 p.m. and ending at 8 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.
If the regularly scheduled work assignment of acustoms officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate for the period from 7:30 p.m. to 11:30 p.m. and at the officer’s hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate for the period from 11:30 p.m. to 3:30 a.m.
Acustoms officer who performs any regularly scheduled work on a Sunday that is not a holidayis entitled to pay for that work at the officer’s hourly rate of basic pay plus premium pay amounting to 50 percent of that basic rate.
Acustoms officer who performs any regularly scheduled work on a holidayis entitled to pay for that work at the officer’s hourly rate of basic pay plus premium pay amounting to 100 percent of that basic rate.
The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that acustoms officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.
Acustoms officer who receives overtime pay under subsection (a) or premium pay under subsection (b) for time worked may not receive pay or other compensation for that work under any other provision of law.
Section derived from R.S. § 2872, as amended by act June 26, 1884, ch. 121, § 25,23 Stat. 59.
Prior to the general revision of section 5 of actFeb. 13, 1911, bysection 13811(a) of Pub. L. 103–66, provisions of section 5 of actFeb. 13, 1911, relating to extra compensation for boarding officers performing services at night or on Sundays and holidays, were classified tosection 261 of this title.
1993—Pub. L. 103–66 amended section generally, substituting provisions relating to overtime and premium pay for customs officersfor provisions relating to fixing of working hours and overtime compensation by Secretary of the Treasury.
1970—Pub. L. 91–271 substituted references to the appropriate customs officerfor references to the collector of customs wherever appearing, and struck out reference to inspectors, storekeepers, weighers, and other customs officersand employees.
“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (c)(1) on authority ofsection 802(d)(2) of Pub. L. 114–125, set out as a note undersection 211 of Title 6, Domestic Security.
Pub. L. 103–66, title XIII, § 13811(c),Aug. 10, 1993,107 Stat. 670, provided that:
For effective date of amendment byPub. L. 91–271, seesection 203 of Pub. L. 91–271, set out as a note undersection 1500 of this title.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of theDepartment of the Treasury, including functions of the Secretary of the Treasury relating thereto, to theSecretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and theDepartment of Homeland Security Reorganization Plan ofNovember 25, 2002, as modified, set out as a note undersection 542 of Title 6. For establishment of U.S. Customs and Border Protection in theDepartment of Homeland Security, treated as if included inPub. L. 107–296 as ofNov. 25, 2002, seesection 211 of Title 6, as amended generally byPub. L. 114–125, andsection 802(b) of Pub. L. 114–125, set out as a note undersection 211 of Title 6.
Functions of all officers ofDepartment of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff.July 31, 1950,15 F.R. 4935,64 Stat. 1280, 1281, set out in theAppendix to Title 5, Government Organization and Employees. Customs officers, referred to in this section, were underDepartment of the Treasury.