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B-51099, JAN. 21, 1965, 44 COMP. GEN. 410

B-51099 Jan 21, 1965
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IT IS WITHIN ADMINISTRATIVE DISCRETION TO ISSUE REGULATIONS TO AUTHORIZE PAYMENT OF FRACTIONAL PERIODS OF 10 MINUTES OR LESS. IS THERE ANY OBJECTION IN APPLYING PROPOSED REGULATIONS (I) AND (II) WHICH FOLLOW TO TREASURY AUTHORIZED AND SCHEDULED REGULAR OVERTIME OR NIGHT WORK? ANY WORK LESS THAN A 15-MINUTE INTERVAL WILL NOT BE AGGREGATED FOR PAY PURPOSES BUT WILL BE DROPPED ON A WORK-DAY BASIS. ANY WORK LESS THAN A 15-MINUTE MULTIPLE WILL NOT BE AGGREGATED FOR PAY PURPOSES BUT WILL BE DROPPED ON A WORK-DAY BASIS.'. (B) IS THERE ANY OBJECTION TO APPLYING (I) ABOVE TO AUTHORIZED BUT UNSCHEDULED AND IRREGULAR OVERTIME WORK. ALTHOUGH THERE IS NO ADDITIONAL EXPRESS LANGUAGE INDICATING THAT IT WOULD SO APPLY?

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B-51099, JAN. 21, 1965, 44 COMP. GEN. 410

COMPENSATION - OVERTIME - FRACTIONAL PERIODS UNDER THE AUTHORITY OF 5 U.S.C. 911, PROVIDING FOR PAYMENT OF OVERTIME COMPENSATION FOR HOURS OF WORK IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, AND 5 U.S.C. 921 (A), PRESCRIBING PAYMENT OF A NIGHT DIFFERENTIAL FOR DUTY BETWEEN THE HOURS OF 6 P.M. AND 6 A.M., IT IS WITHIN ADMINISTRATIVE DISCRETION TO ISSUE REGULATIONS TO AUTHORIZE PAYMENT OF FRACTIONAL PERIODS OF 10 MINUTES OR LESS, PROVIDING THE FRACTIONAL PART OF THE HOUR ADMINISTRATIVELY DECIDED UPON RESULTS IN A FEASIBLE AND PRACTICAL PAYROLL OPERATION, AND PROPOSED REGULATIONS TO AUTHORIZE THE PAYMENT OF APPROVED OVERTIME WORK AND NIGHT PAY DIFFERENTIAL FOR CREDITABLE HOURS IN MINIMUM PERIODS OF 15 MINUTES AND MULTIPLES THEREOF MAY BE APPLIED TO AUTHORIZED AND SCHEDULED REGULAR OVERTIME OR NIGHT WORK AND ALSO TO AUTHORIZED BUT UNSCHEDULED IRREGULAR OVERTIME WORK.

TO THE SECRETARY OF THE TREASURY, JANUARY 21, 1965:

BY LETTER OF DECEMBER 8, 1964, THE ASSISTANT SECRETARY FOR ADMINISTRATION, REQUESTS OUR DECISION ON THE FOLLOWING QUESTIONS:

(1) IN VIEW OF THE DECISION IN 25 COMP. GEN. 121 (1945), MAY THE TREASURY BY REGULATION MAKE COMPENSABLE, PURSUANT TO 5 U.S.C. 911-912, 921, A PERIOD OF OVERTIME WORK OR NIGHT WORK OF 10 MINUTES OR LESS?

(2) (A) REGARDLESS OF YOUR ANSWER TO THE QUESTION IN (1), IS THERE ANY OBJECTION IN APPLYING PROPOSED REGULATIONS (I) AND (II) WHICH FOLLOW TO TREASURY AUTHORIZED AND SCHEDULED REGULAR OVERTIME OR NIGHT WORK?

(I) "ANY APPROVED OVERTIME WORK PERFORMED SHALL BE RECORDED, ACCUMULATED AND CREDITED FOR EACH EMPLOYEE IN MINIMUM PERIODS OF 15 MINUTES AND MULTIPLES THEREOF. ANY WORK LESS THAN A 15-MINUTE INTERVAL WILL NOT BE AGGREGATED FOR PAY PURPOSES BUT WILL BE DROPPED ON A WORK-DAY BASIS.

(II) "CREDITABLE HOURS OF WORK FOR PAYMENT OF A 10 PERCENT NIGHT DIFFERENTIAL SHALL BE RECORDED, ACCUMULATED AND CREDITED FOR EACH EMPLOYEE IN MINIMUM INTERVALS OF 15 MINUTES AND MULTIPLES THEREOF. ANY WORK LESS THAN A 15-MINUTE MULTIPLE WILL NOT BE AGGREGATED FOR PAY PURPOSES BUT WILL BE DROPPED ON A WORK-DAY BASIS.'

(B) IS THERE ANY OBJECTION TO APPLYING (I) ABOVE TO AUTHORIZED BUT UNSCHEDULED AND IRREGULAR OVERTIME WORK, ALTHOUGH THERE IS NO ADDITIONAL EXPRESS LANGUAGE INDICATING THAT IT WOULD SO APPLY?

THE FIRST QUESTION CONCERNS THAT PART OF THE DECISION REFERRED TO THEREIN WHICH READS AS FOLLOWS, QUOTING FROM THE SYLLABUS:

UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945,AND REGULATIONS ISSUED PURSUANT TO SECTION 605 THEREOF, PROVIDING FOR COMPENSATION AT OVERTIME RATES FOR ALL "HOURS" OF EMPLOYMENT IN EXCESS OF 40 IN ANY ADMINISTRATIVE WORKWEEK, IT IS WITHIN THE DISCRETION OF THE HEAD OF A DEPARTMENT TO PROVIDE BY REGULATION THAT FRACTIONAL PARTS OF AN HOUR- -- SUCH AS MINIMUM PERIODS OF 15 MINUTES OR MULTIPLES THEREOF--- SHALL BE RECORDED AND PAID FOR AT OVERTIME RATES.

UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND REGULATIONS ISSUED PURSUANT TO SECTION 605 THEREOF, PROVIDING A NIGHT PAY DIFFERENTIAL FOR DUTY BETWEEN THE HOURS OF 6 P.M. AND 6 A.M., IT IS WITHIN THE DISCRETION OF THE HEAD OF A DEPARTMENT TO PROVIDE BY REGULATION THAT FRACTIONAL PARTS OF AN HOUR--- SUCH AS MINIMUM PERIODS OF 15 MINUTES OR MULTIPLES THEREOF--- FALLING BETWEEN 6 P.M. AND 6 A.M. SHALL BE RECORDED AND PAID FOR AT THE NIGHT DIFFERENTIAL RATE.

ALSO IN OUR DECISION B-124671, NOVEMBER 28, 1955, CONCERNING QUESTION 11, WE MADE THE FOLLOWING STATEMENT:

THE WORDS "HOURS OF WORK" AS USED IN SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 68 STAT. 1109, DENOTE MERELY A BASIC UNIT OF TIME FOR COMPUTING A PERIOD DURING WHICH OVERTIME SERVICE IS PERFORMED AND DO NOT PRECLUDE THE CONSIDERATION OF FRACTIONAL PARTS OF AN HOUR. IN THE ABSENCE OF ANY PROVISION IN THE LAW OR THE FEDERAL EMPLOYEES PAY REGULATIONS TO THE CONTRARY, IT IS WITHIN YOUR ADMINISTRATIVE DISCRETION TO PROVIDE BY REGULATION THAT OVERTIME SERVICE BE RECORDED AND PAID FOR IN MINIMUM PERIODS OF EITHER QUARTER OR HALF HOUR DURATION WITH ODD MINUTES BEING DISREGARDED. SEE 25 COMP. GEN. 121.

5 U.S.C. 911 READS, IN PERTINENT PART, AS FOLLOWS:

ALL HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKSHEETS PERFORMED BY OFFICERS AND EMPLOYEES TO WHOM THIS SUBCHAPTER APPLIES SHALL BE CONSIDERED TO BE OVERTIME WORK * *

5 U.S.C. 921 (A) READS, IN PERTINENT PART, AS FOLLOWS:

ANY REGULARLY SCHEDULED WORK BETWEEN THE HOURS OF SIX O-CLOCK POST MERIDIAN AND SIX O-CLOCK ANTEMERIDIAN (INCLUDING PERIODS OF ABSENCE WITH PAY DURING SUCH HOURS DUE TO HOLIDAYS, AND ANY SUCH HOURS WITHIN PERIODS OF LEAVE WITH PAY IF SUCH PERIODS TOTAL LESS THAN EIGHT HOURS DURING ANY PAY PERIOD) SHALL BE CONSIDERED NIGHT WORK * * * AND ANY OFFICER EMPLOYEE PERFORMING SUCH WORK TO WHOM THIS SUBCHAPTER APPLIES SHALL BE COMPENSATED FOR SUCH WORK AT HIS RATE OF BASIC COMPENSATION PLUS PREMIUM COMPENSATION AMOUNTING TO 10 PERCENTUM OF SUCH RATE * * *

SINCE THE CIRCUMSTANCES AND STATUTORY PROVISIONS TODAY CONCERNING THE PAYMENT OF OVERTIME AND NIGHT DIFFERENTIAL ARE SIMILAR AND COMPARABLE TO THOSE EXISTING WHEN WE RENDERED THE ABOVE-CITED DECISIONS, WHAT WE STATED THEREIN IS EQUALLY APPLICABLE HERE. WE THEREFORE ANSWER QUESTION (1) IN THE AFFIRMATIVE PROVIDED THE FRACTIONAL PART OF THE HOUR ADMINISTRATIVELY DECIDED UPON RESULTS IN A FEASIBLE AND PRACTICABLE PAYROLL OPERATION, AND QUESTIONS (2) (A) AND (2) (B) IN THE NEGATIVE.

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