FEMA workers may have to give back some OT

WASHINGTON — The Federal Emergency Management Agency has informed employees who’ve worked extra hours battling a record wave of natural disasters in 2017 that they may have to pay back some of their overtime.

Federal law caps some federal employees’ premium pay and permits agencies to recover money paid in excess of the maximum from future paychecks. FEMA says the extraordinary year of hurricanes, wildfires and other disasters means it may have to take that step.

“This year’s unprecedented hurricane season led to a record-setting length of national activation,” the agency said in an email. “Due to the extended work hours involved in supporting disaster recovery and response efforts for multiple storms, some employees have been affected by the annual maximum earnings limitation.”

The agency last month sent employees a “Frequently Asked Questions” document saying that those who hit the annual cap due to the number of extra hours they’ve worked “may still be ordered to perform work without receiving further compensation,” and would “continue to receive their regular base pay regardless of whether they exceed the annual premium pay cap or not.”

The issue arises amid broader reckoning at FEMA. On Nov. 30, the agency’s administrator, Brock Long, told a House Appropriations subcommittee that staff members were “tapped out” following record activation. “FEMA was never designed to be the first or only respondent in a disaster, but we often find ourselves in that situation,” he said.

According to FEMA, there is a pool of about 500 employees whose compensation the agency is monitoring because they are at risk of exceeding the cap. Those employees are all exempt from the federal Fair Labor Standards Act and generally are toward the upper end of the agency’s pay scale.

“Employees who have exceeded the annual premium pay cap will be contacted and provided options on the overpayment process,” the agency told its employees. They will be able to give back the money via payroll deduction or simply pay the full sum, according to the Nov. 3 Q&A.