Entitlement to Night Differential Pay

GAO was asked whether Department of Housing and Urban Development employees whose tours of duty were changed without prior approval to night shifts for a period of 2 weeks were entitled to night differential pay. The record showed that the employees regular tours of duty were changed by their supervisor to the night shift in order for the employees to be present during an annual inventory of furniture and equipment performed by a private contractor. However, the employees' supervisor assigned the employees to the new duty tour without the authority to change their hours of work. Subsequently, the employees' supervisor requested the needed approval, and the employees were granted retroactive approval for the change in their tour of duty and for night differential pay. GAO held that, since the proper official authorized the tour of duty change soon after the change was made and since he provided that his authorization was to be made retroactively, the employees' entitlement to night differential pay was not affected by the fact that the employees' change in duty tour was not authorized in advance. Accordingly, the employees were entitled to night differential pay for their work performed during this period.