Claims for Overtime Compensation for Return Traveltime

A GAO decision was requested on claims for overtime compensation for return traveltime in situations where the agency has determined that the out bound traveltime was compensable because it resulted from events which could not be scheduled or controlled administratively. Due to emergency absences of regularly assigned inspectors, the concerned employees were sent to establishments away from their duty stations to perform inspections. The return travel was performed outside their regular duty hours; thus, the employees claimed overtime compensation for the return traveltime. Time spent in a travel status away from the official duty station of an employee is not hours of employment unless: (1) the time spent is within the days and hours of the regularly scheduled workweek, including regularly scheduled overtime hours; or (2) the travel involves the performance of work while traveling, is incident to travel that involves the performance of work while traveling, is carried out under arduous conditions, or results from an event which could not be scheduled or controlled administratively. The Certifying Officer suggested that where the out bound travel resulted from an event which could not be scheduled or administratively controlled, the return travel also resulted from that event. GAO found that, since there was no evidence that the presently considered return traveltime qualified on its own merits as hours of employment, it was not compensable and the claims could not be allowed.