A-36336, APRIL 29, 1931, 10 COMP. GEN. 496

A-36336: Apr 29, 1931

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ARE ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3. COMPENSATORY TIME IS AUTHORIZED FOR SUCH EMPLOYEES ONLY TO THE EXTENT WORK IS REQUIRED ON ANY SATURDAY IN EXCESS OF FOUR HOURS. AS FOLLOWS: IT IS RESPECTFULLY REQUESTED THAT YOU WILL DETERMINE BY A DECISION WHETHER CHARWOMEN WHO ARE PAID BY THE HOUR AND WORK FROM THREE TO FIVE HOURS PER DIEM EXCLUSIVE OF SUNDAYS AND HOLIDAYS ARE ENTITLED TO RECOGNITION UNDER THE HALF HOLIDAY LAW APPROVED MARCH 3. THESE CHARWOMEN ARE GIVEN ANNUAL AND SICK LEAVE UNDER PERMANENT CONDITIONS OF EMPLOYMENT. WITH PAY OR EARNINGS FOR THE DAY THE SAME AS ON OTHER DAYS WHEN FULL TIME IS WORKED. THE BENEFITS OF THE STATUTE APPLY TO THE EXTENT OF THE PERIOD WORK IS REQUIRED ON ANY SATURDAY IN EXCESS OF FOUR HOURS.

A-36336, APRIL 29, 1931, 10 COMP. GEN. 496

SATURDAY HALF HOLIDAYS - PART-TIME EMPLOYEES - CHARWOMEN ONLY THOSE PART-TIME EMPLOYEES, INCLUDING CHARWOMEN, WHOSE REGULAR WORKDAY HAS BEEN FIXED IN EXCESS OF FOUR HOURS, ARE ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, GRANTING SATURDAY HALF HOLIDAY TO CERTAIN EMPLOYEES OF THE GOVERNMENT, AND COMPENSATORY TIME IS AUTHORIZED FOR SUCH EMPLOYEES ONLY TO THE EXTENT WORK IS REQUIRED ON ANY SATURDAY IN EXCESS OF FOUR HOURS.

COMPTROLLER GENERAL MCCARL TO THE ARCHITECT OF THE CAPITOL, APRIL 29, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF APRIL 20, 1931, AS FOLLOWS:

IT IS RESPECTFULLY REQUESTED THAT YOU WILL DETERMINE BY A DECISION WHETHER CHARWOMEN WHO ARE PAID BY THE HOUR AND WORK FROM THREE TO FIVE HOURS PER DIEM EXCLUSIVE OF SUNDAYS AND HOLIDAYS ARE ENTITLED TO RECOGNITION UNDER THE HALF HOLIDAY LAW APPROVED MARCH 3, 1931.

SOME GROUPS WORK FROM 5 A.M. TO 8 A.M., OTHERS FROM 5:30 A.M. TO 8:30 A.M., AND OTHERS FROM 5 A.M. TO 9 A.M. THESE CHARWOMEN ARE GIVEN ANNUAL AND SICK LEAVE UNDER PERMANENT CONDITIONS OF EMPLOYMENT.

THE ACT OF MARCH 3, 1931, 46 STAT. 1482, PROVIDES, IN PART, AS FOLLOWS:

THAT ON AND AFTER THE EFFECTIVE DATE OF THIS ACT FOUR HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAY'S WORK ON SATURDAYS THROUGHOUT THE YEAR, WITH PAY OR EARNINGS FOR THE DAY THE SAME AS ON OTHER DAYS WHEN FULL TIME IS WORKED, FOR ALL CIVIL EMPLOYEES OF THE FEDERAL GOVERNMENT AND THE DISTRICT OF COLUMBIA, EXCLUSIVE OF EMPLOYEES OF THE POSTAL SERVICE, EMPLOYEES OF THE PANAMA CANAL ON THE ISTHMUS, AND EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD, WHETHER ON THE HOURLY, PER DIEM, PER ANNUM, PIECEWORK, OR OTHER BASIS. * * *

THE STATUTE PROVIDES THAT FOUR HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAY'S WORK ON SATURDAYS. IF THE REGULAR HOURS OF WORK OF PART-TIME EMPLOYEES, INCLUDING CHARWOMEN, DO NOT EXCEED FOUR HOURS PER DIEM, NO BENEFIT CAN POSSIBLY ACCRUE TO THEM UNDER THE STATUTE. IF THE REGULAR HOURS OF WORK OF SUCH PART-TIME EMPLOYEES, INCLUDING CHARWOMEN, COMING WITHIN THE TERMS OF THE STATUTE, EXCEED FOUR HOURS PER DIEM, THE BENEFITS OF THE STATUTE APPLY TO THE EXTENT OF THE PERIOD WORK IS REQUIRED ON ANY SATURDAY IN EXCESS OF FOUR HOURS. IF THE NUMBER OF HOURS' WORK REGULARLY REQUIRED OF PART TIME EMPLOYEES, INCLUDING CHARWOMEN, HAS NOT BEEN FIXED, BUT THE EMPLOYEES WORK A VARYING NUMBER OF HOURS ON DIFFERENT DAYS, DUE TO THE EXIGENCIES OF THE SERVICE, AND ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED, THE BENEFITS OF THE STATUTE DO NOT APPLY. DECISIONS OF APRIL 1, 1931, A-35946, AND APRIL 14, 1931, A-36097.

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