B-11300, SEPTEMBER 12, 1940, 20 COMP. GEN. 149

B-11300, SEPTEMBER 12, 1940, 20 COMP. GEN. 149

COMPENSATION - OVERTIME - PER ANNUM EMPLOYEES OF THE NAVY DEPARTMENT - THIRTY-FIRST DAY OF MONTH THE CLASSES OF PER ANNUM EMPLOYEES OF THE NAVY DEPARTMENT, ETC., WHO ARE ENTITLED TO OVERTIME COMPENSATION UNDER THE PROVISIONS OF SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, PUBLIC, NO. 671, MAY BE PAID SUCH OVERTIME COMPENSATION FOR OVERTIME WORK PERFORMED ON THE THIRTY-FIRST DAY OF A MONTH EVEN THOUGH SECTION 6 OF THE ACT OF JUNE 30, 1906 REQUIRES THE EXCLUSION OF THE THIRTY-FIRST DAY OF THE MONTH IN COMPUTING THE REGULAR COMPENSATION OF EMPLOYEES PAID ON A PER ANNUM OR MONTHLY BASIS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 12, 1940:

I HAVE YOUR LETTER OF AUGUST 29, 1940, AS FOLLOWS:

THERE IS SUBMITTED FOR DECISION THE QUESTION PRESENTED BY THE COMMANDANT OF THE NAVY YARD, NEW YORK, IN HIS LETTER HEREWITH OF AUGUST 14, 1940, AS TO THE COMPENSATION PAYABLE TO A CIVILIAN EMPLOYEE OF THE NAVAL ESTABLISHMENT WHOSE COMPENSATION IS FIXED BY LAW ON AN ANNUAL BASIS FOR WORK PERFORMED ON THE 31ST DAY OF A MONTH.

FOR YOUR INFORMATION IN CONNECTION WITH THE MATTER, THERE ARE ENCLOSED COPIES OF REFERENCES (C) AND (D) OF THE COMMANDANT'S LETTER, COMPRISING ALNAVSTA 1012305, JULY 1, 1940, AND ALNAVSTA 251408, JULY 25, 1940, RESPECTIVELY.

THE LETTER FROM THE COMMANDANT OF THE NAVY YARD, NEW YORK, DATED AUGUST 14, 1940, READS AS FOLLOWS:

SUBJECT: REQUEST FOR DECISION RE CERTAIN CIVILIAN EMPLOYEES OF THE FIELD SERVICE OF THE NAVAL ESTABLISHMENT CALLED IN TO WORK ON THE 31ST DAY OF A MONTH.

REFERENCES: (A) ACT OF JUNE 30, 1906, ANNUAL SALARIES; COMPUTATION

(B) COMPTROLLER GENERAL'S DECISION A63386, SEPT. 14,

1935

(C) ALNAVSTA 1012305, JULY 2, 1940

(D) ALNAVSTA 251408, JULY 25, 1940

1.THE REFERENCES TAKEN COLLECTIVELY ADMIT OF SUFFICIENT CONFUSION, CONTRADICTION, AND AMBIGUITY TO NECESSITATE A DEFINITE AUTHORITATIVE OPINION COVERING THE FOLLOWING:

(A) WHAT, IF ANY, COMPENSATION DOES A CIVILIAN EMPLOYEE OF THE NAVAL ESTABLISHMENT, WHOSE COMPENSATION IS FIXED BY LAW AS ON AN ANNUAL BASIS, RECEIVE FOR WORK PERFORMED ON THE 31ST DAY OF A MONTH?

SPECIFICALLY. WHEN AND AS ARTHUR B. RUSS, ASSOCIATE NAVAL ARCHITECT, PAY NO. C1210 AT $3,600.00 PER ANNUM, IS CALLED IN TO WORK 4 HOURS ON AUG. 31, 1940, AND WHO HAS ALREADY BEEN PAID IN FULL FOR THE MONTH OF AUGUST, I.E. ONE-TWELFTH OF HIS ANNUAL SALARY, WHAT COMPENSATION, IF ANY, IS HE ENTITLED TO FOR THE WORK PERFORMED ON AUGUST 31, 1940?

SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, PUBLIC NO. 671, 54 STAT. 678, AUTHORIZES, AMONG OTHER THINGS, THE GRANTING OF OVERTIME COMPENSATION FOR WORK IN EXCESS OF 40 HOURS PER WEEK TO CERTAIN CLASSES OF PER ANNUM EMPLOYEES MENTIONED IN THE ACT "AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE," AND THE BASIS FOR COMPUTING THE REGULAR RATE OF COMPENSATION FOR PER ANNUM EMPLOYEES IS STATED IN THE THIRD PROVISO OF SAID ACT AS FOLLOWS:

* * * THAT IN DETERMINING THE OVERTIME COMPENSATION OF PER ANNUM GOVERNMENT EMPLOYEES THE PAY FOR ONE DAY SHALL BE CONSIDERED TO BE ONE THREE-HUNDRED-AND-SIXTIETH OF THEIR RESPECTIVE PER ANNUM SALARIES: * * * THIS PROVISO SIMPLY STATES THE RULE FOR COMPUTING THE BASIC DAILY COMPENSATION ON THE BASIS OF WHICH THE OVERTIME RATE OF COMPENSATION IS TO BE COMPUTED IN THE CASE OF THE CLASSES OF PER ANNUM EMPLOYEES ENTITLED UNDER THE ACT TO OVERTIME COMPENSATION. OVERTIME COMPENSATION IS PAYABLE TO SUCH EMPLOYEES FOR TIME WORKED IN EXCESS OF 40 HOURS PER WEEK, AND IT IS IMMATERIAL ON WHAT DAY OF THE MONTH OR WEEK THE OVERTIME WORK IS PERFORMED. THE RULE STATED IN THE DECISION OF SEPTEMBER 14, 1935, 15 COMP. GEN. 208, TO WHICH REFERENCE IS MADE, EXCLUDING THE 31ST DAY OF A MONTH IN COMPUTING THE REGULAR ANNUAL RATE OF COMPENSATION OF EMPLOYEES PAID ON A MONTHLY OR ANNUAL BASIS UNDER THE TERMS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, DOES NOT OPERATE TO PRECLUDE PAYMENT OF OVERTIME COMPENSATION FOR OVERTIME WORK PERFORMED ON THE 31ST DAY OF A MONTH. HENCE, THE EMPLOYEE MENTIONED IN THE LETTER FROM THE COMMANDANT WOULD BE ENTITLED TO $7.50 OVERTIME COMPENSATION FOR THE 4 HOURS OVERTIME WORK PERFORMED ON SATURDAY, AUGUST 31, 1940--- ASSUMING, OF COURSE, THAT THE REGULAR TOUR OF DUTY DOES NOT INCLUDE WORK ON SATURDAY. SEE DECISION OF JULY 23, 1940, 20 COMP. GEN. 39.