Fair Labor Standards Act

How a Current or Former Federal Employee May File an FLSA Claim

Are you required to use a negotiated grievance procedure for your FLSA claim?

If you are thinking about filing an FLSA claim, you must first find out whether you are required to use a negotiated grievance procedure.

If you ARE REQUIRED to use a negotiated grievance procedure then you cannot file an administrative FLSA claim with either the agency employing you during the claim period or the U.S. Office of Personnel Management (OPM).

If you are NOT required to use a negotiated grievance procedure for your FLSA claim then you may file an FLSA claim either with the agency employing you during the claim period or with OPM, but you cannot pursue the same claim with both the agency and OPM at the same time.  We encourage you to get a decision on the claim from the agency before filing a claim with us. However, you are not required to do so.  This is a matter of personal preference, and you may choose to file your claim with either the agency or OPM.  If you get an unfavorable decision from the agency, you may still file the claim with us.  However, the reverse is not true.  You may not file a claim with the agency after receiving an unfavorable decision from us.  An OPM decision on a claim is final and is not subject to further administrative review.

Nothing limits your right to bring an action in an appropriate United States court.  Filing a claim with a Federal agency or with OPM does not stop the statute of limitations from running.  OPM will not decide a claim that is in litigation.  (An FLSA pay claim filed on or after June 30, 1994, is subject to a 2-year statute of limitations, except in cases of a willful violation where the statute of limitations is 3 years.)

How to file a claim with an agency

If you file your FLSA claim with an agency, you should follow that agency's procedures.

How to file claim with OPM

If you file a claim with OPM, you must file the claim in writing, and you or your duly authorized representative (in writing) must sign your claim. You may submit relevant information to us at any time before we make a decision on your claim. Check out our contact page for the address for Federal employee FLSA claims filed with OPM.