B-11300, SEPTEMBER 12, 1940, 20 COMP. GEN. 147

B-11300, SEPTEMBER 12, 1940, 20 COMP. GEN. 147

COMPENSATION - OVERTIME - PER ANNUM EMPLOYEES OF THE NAVY DEPARTMENT - RATE, ETC. SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, PUBLIC, NO. 671, AUTHORIZING OVERTIME COMPENSATION FOR CERTAIN PER ANNUM AND OTHER EMPLOYEES OF THE NAVY DEPARTMENT, ETC., FIXES THE BASIC LENGTH OF THE WORK DAY AT 8 HOURS, AND HENCE THE HOURLY RATE OF OVERTIME COMPENSATION FOR A PER ANN EMPLOYEE COVERED BY SAID SECTION IS ONE AND ONE-HALF TIMES ONE-EIGHTH OF ONE THREE- HUNDRED-AND-SIXTIETH OF HIS ANNUAL SALARY EVEN THOUGH HIS REGULAR 40-HOUR WORKWEEK, AS ESTABLISHED BY ADMINISTRATIVE ACTION, CONSISTS OF 4 DAYS OF 7 HOURS AND 15 MINUTES EACH, 1 DAY OF 7 HOURS, AND 1 DAY OF 4 HOURS. A PER ANNUM PROFESSIONAL EMPLOYEE OF THE NAVY DEPARTMENT IS ENTITLED TO OVERTIME COMPENSATION UNDER SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, PUBLIC, NO. 671, FOR 4 HOURS WORK ON A SATURDAY IN ADDITION TO THE 4 HOURS HE IS REGULARLY REQUIRED TO WORK ON THAT DAY AS A PART OF HIS REGULAR 40- HOUR WEEK, BUT HE IS NOT ENTITLED TO BOTH OVERTIME COMPENSATION AND COMPENSATORY TIME UNDER THE SATURDAY HALF-HOLIDAY LAW OF MARCH 3, 1931 FOR SUCH OVERTIME WORK.

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

I HAVE YOUR LETTER OF SEPTEMBER 4, 1940, AS FOLLOWS:

REFERENCE IS MADE TO DECISION B-11300 OF JULY 23, 1940, OF THE ACTING COMPTROLLER GENERAL OF THE UNITED STATES SETTING FORTH THE BASIS ON WHICH THE OVERTIME COMPENSATION OF A PER ANNUM EMPLOYEE SHOULD BE COMPUTED UNDER THE PROVISIONS OF SECTION 5 (A) OF PUBLIC ACT 671--- 76TH CONGRESS, APPROVED JUNE 28, 1940.

THE CASE CITED IN THE DECISION INVOLVED AN EMPLOYEE IN THE FIELD SERVICE OF THE NAVY DEPARTMENT WHOSE PER ANNUM COMPENSATION IS BASED ON THE STATUTORY 40-HOUR WORKWEEK, AND THE DECISION HELD THAT---

"IT WOULD SEEM TO BE CLEAR, HOWEVER, THAT THE PER ANNUM EMPLOYEE IS PAID HIS REGULAR SALARY FOR WORKING 5 DAYS, DURING THE WORKWEEK AS ESTABLISHED BY ADMINISTRATIVE ACTION, AND THAT IF WORK IS IN FACT REQUIRED OF HIM ON SATURDAY IT IS OVERTIME WORK WHICH THE LAW HERE UNDER CONSIDERATION PROVIDES THAT HE SHOULD RECEIVE COMPENSATION ON THE BASIS OF NOT LESS THAN TIME AND ONE-HALF COMPUTED AS THEREIN INDICATED.'

THE NAVY DEPARTMENT NOW HAS UNDER CONSIDERATION THE QUESTION AS TO THE APPLICABILITY OF SAID DECISION TO PER ANNUM EMPLOYEES OF THE EXECUTIVE DEPARTMENT OF THE NAVY IN WASHINGTON WHO ARE PAID REGULAR SALARIES FOR WORKING 5 1/2 DAYS DURING THE WORKWEEK ESTABLISHED BY ADMINISTRATIVE ACTION. THE 40-HOUR WORKWEEK THUS ESTABLISHED CONSISTS OF 7 HOURS AND 15 15 MINUTES ON MONDAYS TO THURSDAYS, INCLUSIVE, 7 HOURS ON FRIDAYS AND 4 HOURS ON SATURDAYS.

ACCORDINGLY, DECISION IS REQUESTED AS TO THE METHOD OF COMPUTING THE COMPENSATION OF AN ASSISTANT NAVAL ARCHITECT, GROUP P-3, EMPLOYED IN THE EXECUTIVE DEPARTMENT OF THE NAVY IN WASHINGTON, WHO IS REQUIRED TO WORK AN ADDITIONAL 4 HOURS ON SATURDAY MAKING A TOTAL OF 44 HOURS FOR THE WEEK AND ALSO WHETHER COMPENSATORY TIME SHOULD BE ALLOWED FOR SUCH ADDITIONAL WORK UNDER THE SATURDAY HALF HOLIDAY LAW OF MARCH 3, 1931 (46 STAT. 1482 5 U.S.C. SEC. 26 (A) ).

THE FAVOR OF SUCH EARLY CONSIDERATION AS MAY BE PRACTICABLE WILL BE APPRECIATED.

SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, PUBLIC, NO. 671, 54 STAT. 678, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE REGULAR WORKING HOURS OF THE NAVY DEPARTMENT AND THE COAST GUARD AND THEIR FIELD SERVICES SHALL BE 8 HOURS A DAY OR 40 HOURS PER WEEK DURING THE PERIOD OF THE NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON SEPTEMBER 8, 1939, TO EXIST: PROVIDED, THAT UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY PRESCRIBE, AND WHERE ADDITIONAL EMPLOYEES CANNOT BE OBTAINED TO MEET THE EXIGENCIES OF THE SITUATION, THESE HOURS MAY BE EXCEEDED: PROVIDED FURTHER, THAT COMPENSATION FOR EMPLOYMENT IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK COMPUTED AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE SHALL BE PAID ONLY TO MONTHLY, PER DIEM, HOURLY, AND PIECE-WORK EMPLOYEES, WHOSE WAGES ARE SET BY THE ACT OF JULY 16, 1862 (12 STAT. 587), AS AMENDED OR MODIFIED; AND ALSO TO PROFESSIONAL AND SUBPROFESSIONAL EMPLOYEES AND TO BLUEPRINTERS, PHOTOSTAT AND ROTAPRINT OPERATORS, INSPECTORS, SUPERVISORY PLANNERS AND ESTIMATORS, AND SUPERVISORY PROGRESSMEN AND ASSISTANTS TO SHOP AND PLANT SUPERINTENDENTS OF THE CAF SERVICE, AS DEFINED BY THE CLASSIFICATION ACT OF MARCH 4, 1923 (42 STAT. 1488; U.S.C. 5, CH. 13), AS AMENDED: PROVIDED FURTHER, THAT IN DETERMINING THE OVERTIME COMPENSATION OF PER ANNUM GOVERNMENT EMPLOYEES THE PAY FOR 1 DAY SHALL BE CONSIDERED TO BE ONE THREE-HUNDRED-AND-SIXTIETH OF THEIR RESPECTIVE PER ANNUM SALARIES; PROVIDED FURTHER: THAT THE PRESIDENT IS AUTHORIZED TO SUSPEND, IN WHOLE OR IN PART, FOR THE WAR AND NAVY DEPARTMENTS AND FOR THE COAST GUARD AND THEIR FIELD SERVICES, DURING THE PERIOD OF THE NATIONAL EMERGENCY DECLARED BY HIM ON SEPTEMBER 8, 1939, TO EXIST, THE PROVISIONS OF THE ACT OF MARCH 3, 1931 (46 STAT. 1482; U.S.C. 5, 26 (A) (, IF IN HIS JUDGMENT SUCH COURSE IS NECESSARY IN THE INTEREST OF NATIONAL DEFENSE, * * *

ANY TIME WORKED ON SATURDAY IN EXCESS OF THE REGULAR WEEKLY TOUR OF DUTY OF 40 HOURS, WHICH TOUR, AS STATED IN THE THIRD PARAGRAPH OF YOUR LETTER, INCLUDES 4 HOURS ON SATURDAY, IS OVERTIME FOR WHICH THE EMPLOYEES OF THE CLASSES MENTIONED IN THE SECOND PROVISO OF THE ABOVE QUOTED SECTION OF THE ACT WOULD BE ENTITLED TO OVERTIME COMPENSATION AT THE RATE OF ONE AND ONE- HALF TIMES THE REGULAR RATE OF COMPENSATION. SEE DECISION OF JULY 23, 1940, 20 COMP. GEN. 39.

AS THE BASIC LENGTH OF A WORKDAY FOR THE PURPOSES OF THE STATUTE, SUPRA, IS FIXED AT 8 HOURS, THE HOURLY RATE OF OVERTIME COMPENSATION IS ONE AND ONE-HALF TIMES ONE-EIGHTH OF ONE THREE-HUNDRED-AND-SIXTIETH OF THE ANNUAL SALARY.

YOU DO NOT SET FORTH THE ANNUAL SALARY RATE OF THE EMPLOYEE MENTIONED IN THE FOURTH PARAGRAPH OF YOUR LETTER, BUT, ASSUMING THAT IT IS $3,200 PER ANNUM, THE MINIMUM SALARY RATE OF GRADE P-3, THE EMPLOYEE WOULD BE ENTITLED TO $6.66 OVERTIME COMPENSATION FOR 4 HOURS OVERTIME WORK ON SATURDAY, THAT IS, ONE AND ONE-HALF TIMES FOUR-EIGHTHS OF $8.89, WHICH LATTER AMOUNT IS ONE THREE-HUNDRED-AND-SIXTIETH OF $3,200 PER ANNUM. SEE SALARY TABLES, 1929.

THE GRANTING OF BOTH OVERTIME COMPENSATION AND COMPENSATORY TIME FOR OVERTIME WORK ON SATURDAY CLEARLY WOULD BE INCONSISTENT. NEITHER THE TERMS OF THE PROVISION HERE INVOLVED NOR IN ITS LEGISLATIVE HISTORY IS THERE ANY INDICATION OF AN INTENTION TO ALLOW BOTH BENEFITS FOR OVERTIME WORK ON SATURDAY. YOU ARE ADVISED, THEREFORE, THAT THE EMPLOYEE MENTIONED IN THE FOURTH PARAGRAPH OF YOUR LETTER WOULD NOT BE ENTITLED TO COMPENSATORY TIME IN ADDITION TO OVERTIME COMPENSATION FOR WORKING IN EXCESS OF FOUR HOURS ON SATURDAY.