B-237693, Mar 30, 1990
Highlights
CIVILIAN PERSONNEL - Compensation - Overtime - Eligibility - Travel time DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. He was required to be in a travel status from 7:30 a.m. We have previously determined that Congress has not authorized overtime compensation as a remedy for an agency's failure to adhere to the policy of trying to schedule travel during regular duty hours. Ray is non-exempt under the Fair Labor Standards Act (FLSA). If he is non- exempt.
B-237693, Mar 30, 1990
CIVILIAN PERSONNEL - Compensation - Overtime - Eligibility - Travel time DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.
Robert H. Ray, Sr.:
The Air Force scheduled permanent-change-of station travel for Mr. Robert H. Ray, Sr., outside his normal duty hours. He was required to be in a travel status from 7:30 a.m., Friday, when he departed Mississippi, until he arrived at his new duty station in the United Kingdom at 1 p.m. on Saturday. /1/ We conclude that the agency properly denied Mr. Ray's claim for overtime compensation. Congress has authorized overtime pay for traveltime only under the specifically limited circumstances enumerated in 5 U.S.C. Sec. 5542(b)(2)(B). Erich P. Rudolph, B-236012, Nov. 8, 1989. None of the enumerated circumstances existed here, and we have previously determined that Congress has not authorized overtime compensation as a remedy for an agency's failure to adhere to the policy of trying to schedule travel during regular duty hours, where practicable. 5 U.S.C. Sec. 6101(b)(2) (1988). See Charles C. Mills, B-198771, Dec. 10, 1980.
The record does not state whether Mr. Ray is non-exempt under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq. If he is non- exempt, Mr. Ray could be eligible for overtime under the FLSA if he traveled on nonworkdays during hours which correspond to his regular workday hours. See Gerald A. Mendiola, et al., B-210722, Dec. 27, 1983.
/1/ The Chief, Accounting and Finance, Headquarters 20th Tactical Fighter Wing (USAFE), Department of the Air Force, requested an advance decision.