FLSA & AUO Excludability Update

The Union was notified today that effective Pay Period 8 (current pay period covering April 19, 2015 – May 2, 2015), the agency will cease paying FLSA, as they are claiming that OPM has classified BPA’s as FLSA-exempt upon passage of the BPAPRA into law on December 18, 2014. The notification stated, “As a result, FLSA payments will not be processed or included in paychecks for Border Patrol Agents beginning in pay period 08…”


Furthermore, they informed us that they are also eliminating and prohibiting the use of “excludable days” when calculating the average of AUO. Their notification and message also states that they will provide further information on or about May 8, 2015, concerning the “erroneous payments of pay or allowances.” In the event that the agency requests repayment, the NBPC will fight for waivers of those payments.


This is extremely disturbing news and shows the clear disconnect between those in Washington, D.C. and the agents whom they claim that they care about and are looking out for.


More information will be made available as we get it.


To see the actual notice, click here: NBPCNotice(UPDATED)-BPAPRAFLSAExemption(mostrecent)-2