The Office of Personnel Management (OPM) has amended existing regulations consistent with the May 26, 2009 Fathauer v. United States, 566 F. 3d 1352 decision, making all Crafts & Trades employees (Full-Time, Part-Time and Flexible) eligible for Sunday premium pay on any Sunday that they were regularly scheduled and worked from 05/26/2003 and beyond. With the amended regulations, Full-Time Crafts & Trades employees may also be entitled to Sunday premium payment in conjunction with the decision that working over eight hours per day and/or forty hours per week is not a requirement for Sunday Premium pay.
To correct the situation, the Marine Corps automatically began paying Sunday Premium to all eligible NAF Crafts and Trades employees effective 1/31/2010. In addition, Marine Corps NAF employers automatically processed Sunday Premium back pay to all eligible active NAF Crafts and Trades employees who were in an active status as of January 31, 2010 for any Sunday hours worked for the time period of May 26, 2009 to January 30, 2010. These eligible employees who had not previously received the benefit, were automatically processed through the time and labor system without the requirement of a claim form. All active eligible Crafts and Trades employees were processed and paid through their local command payroll offices.
DoD NAF procedures have since been issued permitting active NAF Crafts and Trades eligible employees (active on or after January 31, 2010) back pay for May 26, 2003 through May 25, 2009. Claims back to May 26, 2003, will be accepted within 6 years after the claim accrues. Claims accrued on May 26, 2009, the date of the administrative determination. Based on this accrual date, claims for Sunday work performed between May 26, 2003 and May 26, 2009 must not be received later than May 26, 2015. Former NAF Crafts & Trades employees (who terminated prior to January 31, 2010) are entitled to file claims for Sunday premium back payments from May 26, 2003 to January 30, 2010. Claims from Former NAF Crafts & Trades employees for Sunday work performed between May 26, 2003 and January 30, 2010 must also be submitted not later than May 26, 2015.
Since 5 U.S.C § 5596 does not extend to NAF employees, interest will not be paid on claim forms submitted from NAF employees for Sunday premium pay.
Information on submitting Sunday Premium backpay claims specific to MCCS NAF Crafts & Trades employees (Full-Time, Part-Time and Flexible), both current and former, is provided in the attached documents on this web site. Claim form and instructions are included below: