B-170264, SEP 28, 1982

B-170264, SEP 28, 1982

DIGEST: GRADE GS-12 ELECTRONICS MAINTENANCE TECHNICIAN EMPLOYED BY THE FEDERAL AVIATION ADMINISTRATION (FAA) WAS CONSIDERED EXEMPT UNDER THE FAIR LABOR STANDARDS ACT (FLSA) IN 1977. SUBSEQUENTLY, FAA CHANGED HIS DESIGNATION TO NONEXEMPT INCIDENT TO LITIGATION. IN LIGHT OF FAA ELECTRONIC MAINTENANCE TECHNICIANS, B-200112, DECEMBER 21, 1981, CLAIMANT IS ENTITLED TO OVERTIME COMPENSATION UNDER FLSA FOR SUBSTANTIATED OVERTIME WORKED FOR RELEVANT PERIOD RETROACTIVE TO MAY 1, 1974. CLAIM IS REMANDED TO FAA FOR CALCULATION OF AMOUNT DUE.

PAUL E. LAUGHLIN - RETROACTIVE FLSA ENTITLEMENT:

THIS DECISION IS IN RESPONSE TO AN APPEAL BY MR. PAUL E. LAUGHLIN, AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION (FAA), FROM OUR CLAIMS GROUP'S DENIAL OF HIS CLAIM FOR OVERTIME COMPENSATION UNDER THE FAIR LABOR STANDARDS ACT (FLSA), 29 U.S.C. SEC. 201 ET SEQ., (1976). FN1 FOR THE FOLLOWING REASONS, WE HOLD THAT MR. LAUGHLIN IS ENTITLED TO OVERTIME COMPENSATION UNDER FLSA FOR THE PERIOD FROM MAY 1, 1974, THROUGH AUGUST 23, 1980.

MR. LAUGHLIN IS AN ELECTRONICS MAINTENANCE TECHNICIAN (EMT), GS-856 12, WITH THE FAA. WHEN FLSA BECAME APPLICABLE TO FEDERAL EMPLOYEES ON MAY 1, 1974, FAA CONSIDERED MR. LAUGHLIN ALONG WITH OTHER EMT'S AS BEING NONEXEMPT UNDER FLSA. ALTHOUGH FAA CONSIDERED EMT'S TO BE NONEXEMPT, FAA FAILED TO MAKE FLSA OVERTIME PAYMENTS TO THESE EMPLOYEES. SUBSEQUENTLY, FAA DECLARED EMT POSITIONS, ALONG WITH THAT OF MR. LAUGHLIN'S, TO BE EXEMPT. AFTER CORRESPONDENCE WITH THE CIVIL SERVICE COMMISSION (CSC) IN 1976, MR. LAUGHLIN FILED A COMPLAINT ALLEGING THAT HIS POSITION WAS IMPROPERLY CATEGORIZED AS EXEMPT UNDER FLSA. BY A LETTER DECISION DATED APRIL 19, 1977, THE DIRECTOR OF CSC'S DALLAS REGION, FOUND THAT THE FAA HAD PROPERLY CLASSIFIED HIS POSITION AS EXEMPT FROM FLSA.

AS A RESULT OF A REEVALUATION OF DUTIES OF THIS TYPE OF POSITION STEMMING FROM AN ADMINISTRATIVE SETTLEMENT AGREEMENT MADE ON AUGUST 1, 1980, IN THE CASE OF SCHAEFFER V. GOLDSCHMIDT, UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA, CIVIL ACTION NO. 79-0531, THE FAA ADMINISTRATIVELY CHANGED THIS POSITION'S CLASSIFICATION FOR FLSA PURPOSES FROM EXEMPT TO NONEXEMPT, EFFECTIVE AUGUST 24, 1980. AS OF THAT DATE, MR. LAUGHLIN WAS THUS ENTITLED TO FLSA OVERTIME COMPENSATION UNDER THE APPROPRIATE CONDITIONS.

MR. LAUGHLIN NOW CLAIMS THAT HE IS ENTITLED TO OVERTIME COMPENSATION UNDER FLSA FOR THE PERIOD FROM MAY 1, 1974, THE DATE ON WHICH FLSA WAS MADE APPLICABLE TO FEDERAL EMPLOYEES, TO AUGUST 23, 1980. THE ISSUE PRESENTED IS WHETHER MR. LAUGHLIN IS ENTITLED TO HAVE HIS POSITION'S CLASSIFICATION AS NONEXEMPT FOR FLSA PURPOSES MADE RETROACTIVE TO MAY 1, 1974, WITH RESULTING ENTITLEMENT TO APPROPRIATE OVERTIME COMPENSATION FOR THAT PERIOD.

THE ANSWER TO THE ABOVE QUESTION IS PROVIDED IN OUR RECENT DECISION, FAA ELECTRONIC MAINTENANCE TECHNICIANS, B-200112, DECEMBER 21, 1981. BRIEFLY SUMMARIZED, THAT CASE INVOLVED GRADE GS-12 EMT'S WHO WERE ORIGINALLY CONSIDERED BY THE FAA TO BE NONEXEMPT UNDER FLSA IN 1974, BUT WERE LATER FOUND TO BE EXEMPT BY THE CSC IN 1976. SUBSEQUENTLY, AS NOTED ABOVE, THE FAA CHANGED THEIR DESIGNATIONS TO NONEXEMPT INCIDENT TO LITIGATION, AND THE OFFICE OF PERSONNEL MANAGEMENT (OPM) POSED NO OBJECTIONS EITHER TO THE CHANGED DESIGNATIONS OR TO RETROACTIVE ENTITLEMENT TO FLSA OVERTIME COMPENSATION. FOR THE REASONS FURTHER EXPLAINED IN THE DECISION, WE HELD THAT THE FAA MAY MAKE PAYMENTS OF FLSA OVERTIME COMPENSATION TO GRADE GS-12 EMT'S RETROACTIVE TO MAY 1, 1974, BUT SUBJECT TO THE APPLICATION OF THE 6-YEAR STATUTE OF LIMITATIONS CONTAINED IN 31 U.S.C. SEC. 71A (1976).

IN THE PRESENT CASE OUR OFFICE DID NOT RECEIVE MR. LAUGHLIN'S CLAIM UNTIL AUGUST 26, 1980. HOWEVER, AN EXAMINATION OF OUR RECORDS HAS REVEALED THAT HE ORIGINALLY FILED A CLAIM FOR OVERTIME COMPENSATION FOR STANDBY DUTY FROM SEPTEMBER 21, 1970, THROUGH JULY 3, 1975. THIS ORIGINAL CLAIM WAS RECEIVED BY OUR OFFICE ON AUGUST 13, 1975, AND, AS PART OF IT, MR. LAUGHLIN SPECIFICALLY ALLEGED THAT HE WAS ENTITLED TO SUCH COMPENSATION UNDER FLSA. OUR DECISION WHICH DENIED HIS CLAIM, PAUL E. LAUGHLIN, 57 COMP.GEN. 496 (1978), HOWEVER, DID NOT ADDRESS THAT ISSUE, PROBABLY BECAUSE OF THE THEN EXISTING CLASSIFICATION OF MR. LAUGHLIN'S POSITION AS EXEMPT FROM FLSA COVERAGE.

THE ORIGINAL CLAIM PERIOD AND THE PRESENT CLAIM PERIOD OVERLAP TO PROVIDE A TIMELY CLAIM FOR THE PERIOD FROM MAY 1, 1974, TO AUGUST 26, 1980. THUS, THE 6-YEAR STATUTE OF LIMITATIONS CONTAINED IN 31 U.S.C. SEC. 71(A) DOES NOT BAR ANY PORTION OF MR. LAUGHLIN'S CLAIM.

ACCORDINGLY, MR. LAUGHLIN IS ENTITLED TO OVERTIME COMPENSATION UNDER FLSA FOR SUBSTANTIATED OVERTIME WORKED FROM MAY 1, 1974, UP TO AND INCLUDING AUGUST 23, 1980. IT IS OUR UNDERSTANDING THAT THE FLSA OVERTIME DUE MR. LAUGHLIN FOR THE PERIOD BEGINNING AUGUST 24, 1980, HAS ALREADY BEEN PAID. IN ORDER TO DETERMINE THE PROPER AMOUNT OF HOURS OF SUBSTANTIATED OVERTIME WORKED FOR THE FOREGOING PERIOD, WE NOW REMAND THIS CASE TO THE FAA. REMAND, THE FAA SHOULD EXAMINE THE RELEVANT RECORDS FOR FLSA OVERTIME DUE MR. LAUGHLIN, AND MAKE PAYMENT TO HIM FOR ANY OVERTIME COMPENSATION FOUND DUE.

FN1 CLAIMS GROUP SETTLEMENT CERTIFICATE, Z-2602719, JANUARY 28, 1981.