FEMA determines the eligibility of overtime, premium pay, and compensatory time costs based on the applicant’s predisaster written labor policy, provided, among other things, the policy has set non-discretionary criteria for when the applicant activates various pay types. The Applicant did not demonstrate that its predisaster written labor policy sets non-discretionary criteria for when it activates premium pay. FEMA is barred from deobligating payments made for a project to a state or local government if the payment was authorized by an approved agreement. Payments were not made for the project, and the Applicant is private non-profit.

FEMA finds the claimed premium pay costs were not provided under a labor policy that meets FEMA requirements. In addition, section 705(c) of the Stafford Act does not apply.

Stafford Act §§ 403(a)(3), 705(c). 42 U.S.C. § 5205(c)(1). 44 C.F.R § 206.225(a)(1), 2 C.F.R. § 200.403(g). PAPPG, at 21, 23, and 133. Medical Care Policy, at 4. FP 205-081-2, Stafford Act Section 705(c), at 1-2, 5. Oregon Shakespeare Festival Association, FEMA-4499-DR-OR, at 3.