Overtime and Sunday Premium Pay Entitlement

An advance decision was requested concerning payment of claims for overtime and Sunday premium pay submitted by nine civilian nurses employed by the Air Force. The claims dealt with a 15-minute time period prior to the nurses' scheduled shift. As a matter of long practice, the nurses were required to report early in order to review patient reports. This resulted in an 8-hour and 15-minute workday, although time and attendance cards continued to reflect a standard 8-hour shift. The nurses also claimed that, by working a part of Sunday on each of 2 scheduled working days, they were entitled to premium pay for 2 days instead of 1. A certifying officer questioned whether the claims should be paid for several reasons. First, while it was not disputed that the nurses' schedules required them to report 15 minutes early, the time and attendance records reflect only a standard 8-hour shift with occasional overtime. Second, although the work scheduled resulted in 8-hour and 15-minute shifts, a 30-minute meal break was included in those shifts resulting in an actual work day of 7 hours and 45 minutes. In addition, on those occasions when the nurses could not take their meal breaks due to the workload, they were paid 30 minutes of overtime. GAO reviewed the applicable legislation and stated that, if the nurses received a 30-minute, duty-free lunch break during an 8-hour and 15-minute shift, they are not entitled to overtime compensation. The lunch period should be set off against the shift schedule resulting in an actual working time of 7 hours and 45 minutes. Furthermore, nurses who received 30 minutes of overtime when they worked through lunch were in actuality only entitled to 15 minutes of overtime. GAO stated that, if the amounts now payable to the nurses by way of additional overtime compensation and premium pay exceed the overpayments to the nurses, collection of the indebtedness should be made. However, if the indebtedness exceeds the amounts now payable, any such overpayments should be considered for waiver. If a nurse reported 15 minutes early, worked through lunch, and received no prior overtime compensation, then she is entitled to 15 minutes of overtime compensation. Also, under certain circumstances, the nurses are entitled to premium pay for two scheduled shifts that fall on the same Sunday. Finally GAO stated that, where accurate records are not maintained, it is sufficient for an employee to submit other evidence documenting his overtime.