19 USC 267 - Overtime and premium pay for customs officers

U.S Code last checked for updates: May 03, 2024

§ 267.

Overtime and premium pay for customs officers

(a)

Overtime pay

(1)

In general

(2)

Special provisions relating to overtime work on callback basis

(A)

Minimum duration

(B)

Compensation for commuting time

(i)

In general

(ii)

Exception

Compensation for commuting time is not payable under clause (i) if the work for which compensation is authorized under paragraph (1)—

(I)

does not commence within 16 hours of the customs officer’s last regularly scheduled work assignment, or

(II)

commences within 2 hours of the next regularly scheduled work assignment of the customs officer.

(b)

Premium pay for customs officers

(1)

Night work differential

(A)

3 p.m. to midnight shiftwork

(B)

11 p.m. to 8 a.m. shiftwork

(C)

7:30 p.m. to 3:30 a.m. shiftwork

(2)

Sunday differential

(3)

Holiday differential

(4)

Treatment of premium pay

(c)

Limitations

(1)

Fiscal year cap

(2)

Exclusivity of pay under this section

(d)

Regulations

The Secretary of the Treasury shall promulgate regulations to prevent—

(1)

abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and

(2)

the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement.

(e)

Definitions

As used in this section:

(1)

The term “customs officer” means an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspector or canine enforcement officer. Such functions shall be consistent with such applicable standards as may be promulgated by the Office of Personnel Management.

(2)

The term “holiday” means any day designated as a holiday under a Federal statute or Executive order.

(Feb. 13, 1911, ch. 46, § 5, 36 Stat. 901; Feb. 7, 1920, ch. 61, 41 Stat. 402; Pub. L. 91–271, title III, § 316, June 2, 1970, 84 Stat. 293; Pub. L. 103–66, title XIII, § 13811(a), Aug. 10, 1993, 107 Stat. 668; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

cite as: 19 USC 267