5 CFR § 551.213 - Exemption of employees receiving availability pay.

---
identifier: "/us/cfr/t5/s551.213"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 551.213 - Exemption of employees receiving availability pay."
title_number: 5
title_name: "Administrative Personnel"
section_number: "551.213"
section_name: "Exemption of employees receiving availability pay."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "551"
part_name: "PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 5542(c); Sec. 4(f) of the Fair Labor Standards Act of 1938, as amended by Pub. L. 93-259, 88 Stat. 55 (29 U.S.C. 204f)."
cfr_part: "551"
---


# 551.213 Exemption of employees receiving availability pay.

The following employees are exempt from the hours of work and overtime pay provisions of the Act:

(a) A criminal investigator receiving availability pay under § 550.181(a) of this chapter, as provided in 29 U.S.C. 213(a)(16));

(b) A pilot employed by U.S. Customs and Border Protection or its successor who is a law enforcement officer as defined in section 5541(3) of title 5, United States Code, and who receives availability pay under section 5545a(i) of title 5, United States Code.