Request for Overtime Compensation

A certifying officer for the U.S. Customs Service requested an advance decision on the legality of paying overtime to two Customs Service inspectors for time spent in returning an official vehicle to the storage area after completion of an overtime assignment. The employees contended that they were entitled to compensation for the time spent in returning the vehicle to the storage location since the travel time was the result of an event which could not be scheduled or controlled administratively; the flight to be cleared was delayed. Customs Service paid overtime compensation for the work performed at the site, but denied the claim for overtime compensation in connection with the time spent returning the official vehicle to the office. Travel which has no purpose other than to transport an employee to and from the place where he is to perform work is not regarded as work or an incidental duty. Overtime is paid only if the time spent traveling involves travel away from the official duty station. Since the travel in question was not away from the official duty station, it did not meet the requirements for payment of overtime compensation.