B-152707, JAN. 16, 1964
Highlights
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE SET FORTH IN OUR DECISION OF NOVEMBER 4. YOU WOULD LIKE TO HAVE CLARIFICATION OF ONE POINT. THAT IS. WHETHER THERE IS ANY PROVISION OF LAW OR REGULATION ISSUED PURSUANT THERETO THAT AUTHORIZES A FREE LUNCH PERIOD WITHIN AN 8-HOUR WORKDAY. INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT ARE REQUIRED TO ESTABLISH A BASIC WORKWEEK OF 40 HOURS. WE ALSO EXPLAINED THAT WHEN A 30- MINUTE LUNCH PERIOD IS ASSIGNED TO AN EMPLOYEE. SUCH PERIOD IS IN ADDITION TO THE 8-HOUR DAY AND IS NONCOMPENSABLE. WE ARE NOT AWARE OF ANY LAW OR REGULATION THAT GRANTS A GOVERNMENT EMPLOYEE A WORK FREE NONCOMPENSABLE LUNCH PERIOD WITHIN THE ESTABLISHED 8-HOUR WORKDAY AS SUGGESTED BY YOU.
B-152707, JAN. 16, 1964
TO MR. WERNER D. SCHALLOR:
THIS REFERS TO YOUR LETTER OF NOVEMBER 14, 1963, CONCERNING YOUR CLAIM FOR 1/2 HOUR A DAY OVERTIME FROM JULY 31, 1961, TO APRIL 30, 1963, AS A CIVILIAN GUARD AT THE NORTON AIR FORCE BASE, SAN BERNADINO, CALIFORNIA.
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE SET FORTH IN OUR DECISION OF NOVEMBER 4, 1963, B-152707, TO YOU, AND NEED NOT BE REPEATED HERE.
YOU SAY THAT WHILE YOU CONCUR IN THE CONCLUSION REACHED IN OUR DECISION OF NOVEMBER 4, 1963, YOU WOULD LIKE TO HAVE CLARIFICATION OF ONE POINT. THAT IS, WHETHER THERE IS ANY PROVISION OF LAW OR REGULATION ISSUED PURSUANT THERETO THAT AUTHORIZES A FREE LUNCH PERIOD WITHIN AN 8-HOUR WORKDAY.
IN OUR DECISION OF NOVEMBER 4, 1963, TO YOU, WE EXPLAINED THAT PURSUANT TO LAW THE HEADS OF THE DEPARTMENT, INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT ARE REQUIRED TO ESTABLISH A BASIC WORKWEEK OF 40 HOURS. WE ALSO EXPLAINED THAT WHEN A 30- MINUTE LUNCH PERIOD IS ASSIGNED TO AN EMPLOYEE, SUCH PERIOD IS IN ADDITION TO THE 8-HOUR DAY AND IS NONCOMPENSABLE. WE ARE NOT AWARE OF ANY LAW OR REGULATION THAT GRANTS A GOVERNMENT EMPLOYEE A WORK FREE NONCOMPENSABLE LUNCH PERIOD WITHIN THE ESTABLISHED 8-HOUR WORKDAY AS SUGGESTED BY YOU. NEITHER ARE WE AWARE THAT SUCH PRACTICE IS GENERAL IN PRIVATE COMMERCE AND INDUSTRY.
THEREFORE, THE PRIOR ACTION TAKEN IN DISALLOWING YOUR CLAIM MUST BE SUSTAINED.