[Claims for FLSA Overtime]

The Office of Personnel Management (OPM) requested a decision on four Air Force employees' claims for overtime compensation for time spent to change into and out of work clothes. This claim was originally denied by the Claims group, and that determination was sustained. However, the sustained decision made no mention of the statutory basis for the overtime claims. The employees also filed claims with OPM under the Fair Labor Standards Act (FLSA) and, after investigation, OPM determined that the claimants were entitled to overtime compensation. The Air Force declined to accept the compliance order on these claims on the basis that: (1) OPM does not have the authority to adjudicate FLSA claims; and (2) the claims were denied by GAO. OPM requested clarification as to whether GAO was addressing the claimants' entitlement to overtime under the FSLA. In addition it requested that GAO delineate the authority of GAO and OPM with respect to FLSA claims. The prior GAO decision pertained only to the claimants' entitlement to compensation under title 5, U.S. Code, and not to possible entitlement under the FLSA. OPM is authorized to administer the FLSA with respect to federal employees. GAO will not overrule OPM determinations in such matters unless they are clearly erroneous or contrary to regulation. GAO expects agencies to comply with OPM determinations under the FLSA without resort to a GAO decision unless an agency has legitimate doubt as to the legal or factual basis of the determination. Accordingly, payment of the claims under the FLSA was not precluded by the prior GAO decision. Additionally, since no evidence was presented which contested the substance of the OPM determination, GAO had no basis to question the determination.