Under the PA program, force account labor incurred in the performance of eligible work may be eligible. For emergency work, only overtime labor is eligible for budgeted (i.e., permanent) employees. For backfill employees, overtime costs are eligible even if the backfill employee is not performing eligible work if the employee that he or she is replacing is performing eligible emergency work. FEMA generally determines the eligibility of overtime, premium pay, and compensatory time costs based on the applicant’s predisaster written labor policy. Second-level supervisors and above (e.g., commissioners, mayors, department directors, police, and fire chiefs) are usually exempt from the overtime pay requirement set forth in the Fair Labor Standards Act (FLSA). The Applicant claimed FAL overtime costs for backfill employees, but the documentation provided does not demonstrate whether a backfill employee was performing straight time or overtime work, or what the backfill employee status was (e.g., contract employee, permanent employee, or FLSA-exempt employee). In addition, the documentation provided shows the overtime requested was performed by second-level supervisors and above and fails to establish overtime eligibility criteria has been met.

FEMA finds that the Applicant did not demonstrate that its claimed FAL overtime costs are eligible. Therefore, this appeal is denied.

Stafford Act § 403(a)(3). 44 C.F.R. §§ 206.223(a)(1), 206.225(a) & 206.228(a)(2)(iii). PAPPG, at 19, 23-25, 57 & 133.