A-36473, MAY 9, 1931, 10 COMP. GEN. 518

A-36473: May 9, 1931

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SATURDAY HALF HOLIDAYS - PART-TIME AND INTERMITTENT EMPLOYEES EMPLOYEES FOR WHOM NO REGULAR HOURS OF WORK ARE FIXED. WHOSE EMPLOYMENT IS PART TIME OR INTERMITTENT. WHO ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED. ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3. AS FOLLOWS: THE GOVERNMENT FUEL YARDS OF THE BUREAU OF MINES OF THIS DEPARTMENT ENGAGES FROM TIME TO TIME A NUMBER OF LABORERS AND TRUCK DRIVERS WHO ARE PAID AT AN HOURLY RATE. QUITE FREQUENTLY LABORERS ARE ENGAGED FOR ONLY A FEW HOURS' WORK AND WHEN THE JOB IN HAND HAS BEEN COMPLETED WOULD NOT BE ENGAGED ON OTHER WORK FOR SOME TIME. THE EMPLOYMENT AGREEMENTS OF THESE LABORERS READ THAT THEY WILL BE PAID A CERTAIN AMOUNT PER HOUR "WHEN ACTUALLY EMPLOYED.'.

A-36473, MAY 9, 1931, 10 COMP. GEN. 518

SATURDAY HALF HOLIDAYS - PART-TIME AND INTERMITTENT EMPLOYEES EMPLOYEES FOR WHOM NO REGULAR HOURS OF WORK ARE FIXED, WHOSE EMPLOYMENT IS PART TIME OR INTERMITTENT, AND WHO ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED, ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, GRANTING SATURDAY HALF HOLIDAYS TO CERTAIN GOVERNMENT EMPLOYEES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, MAY 9, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF APRIL 29, 1931, AS FOLLOWS:

THE GOVERNMENT FUEL YARDS OF THE BUREAU OF MINES OF THIS DEPARTMENT ENGAGES FROM TIME TO TIME A NUMBER OF LABORERS AND TRUCK DRIVERS WHO ARE PAID AT AN HOURLY RATE. EMPLOYEES OF THIS CLASS MAY WORK ONE OR TWO HOURSA DAY OR MAY BE ENGAGED STEADILY OVER A CONSIDERABLE PERIOD. QUITE FREQUENTLY LABORERS ARE ENGAGED FOR ONLY A FEW HOURS' WORK AND WHEN THE JOB IN HAND HAS BEEN COMPLETED WOULD NOT BE ENGAGED ON OTHER WORK FOR SOME TIME. THE EMPLOYMENT AGREEMENTS OF THESE LABORERS READ THAT THEY WILL BE PAID A CERTAIN AMOUNT PER HOUR "WHEN ACTUALLY EMPLOYED.'

IN VIEW OF THE ACT APPROVED MARCH 3, 1931, PUBLIC NO. 783, PROVIDING THAT ON SATURDAYS FOUR HOURS SHALL CONSTITUTE A DAY'S WORK WITH PAY FOR THE DAY THE SAME AS ON OTHER DAYS WHEN FULL TIME IS WORKED, FOR ALL CIVIL EMPLOYEES OF THE GOVERNMENT, WHETHER ON THE HOURLY OR OTHER BASIS, YOUR DECISION IS REQUESTED AS TO WHETHER THE ABOVE-MENTIONED EMPLOYEES ARE ENTITLED TO PAY FOR EIGHT HOURS ON SATURDAYS WHEN---

(A) THEY ARE EMPLOYED FOR FOUR HOURS' WORK ON SATURDAY ONLY;

(B) WHEN THEY ARE EMPLOYED FOR SEVERAL WEEKS CONTINUOUSLY;

(C) WHEN THEY ARE EMPLOYED FOR ONE FULL WEEK, MONDAY TO SATURDAY, INCLUSIVE, AND

(D) WHEN THEY ARE EMPLOYED FROM FRIDAY TO MONDAY, INCLUSIVE.

IN DECISION OF APRIL 1, 1931, A-35946, 10 COMP. GEN. 445, IT WAS HELD THAT THERE COULD HAVE BEEN NO INTENT TO INCLUDE WITHIN THE BENEFITS OF THE ACT OF MARCH 3, 1931, SUPRA---

EMPLOYEES HIRED DURING AN EMERGENCY WITH COMPENSATION BY THE HOUR FOR THE HOURS ACTUALLY WORKED, SOLELY FOR SUCH EMERGENCY WORK AS FIRE FIGHTING, AND OTHER SIMILAR EMERGENCY WORK, THE VERY NATURE OF WHICH WOULD PERMIT OF NO DELAY, NOR THE FIXING OF HOURS OF LABOR FOR THE PERFORMANCE THEREOF.

IN DECISION OF APRIL 14, 1931, A-36097, 10 COMP. GEN. 464, AFTER QUOTING FROM THE ABOVE DECISION OF APRIL 1, IT WAS HELD:

THE SAME MAY BE SAID AS TO EMPLOYEES HIRED SOLELY AS SUBSTITUTES TO PERFORM THE DUTIES OF REGULAR EMPLOYEES, DURING THEIR ABSENCE, WITH COMPENSATION BY THE HOUR FOR THE HOURS ACTUALLY WORKED. * * *

IN DECISION OF APRIL 29, 1931, A-36336, 10 COMP. GEN. 496, IT WAS HELD:

* * * 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 EXIGENCY OF THE SERVICE AND ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED, THE BENEFITS OF THE STATUTE DO NOT APPLY. * * *

APPLYING THE PRINCIPLE ANNOUNCED IN THESE DECISIONS, THE GENERAL RULE MAY BE STATED THAT ALL EMPLOYEES FOR WHOM NO REGULAR HOURS OF WORK ARE FIXED, WHOSE EMPLOYMENT IS PART TIME OR INTERMITTENT, AND WHO ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED, ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3, 1931, GRANTING SATURDAY HALF HOLIDAYS TO CERTAIN GOVERNMENT EMPLOYEES.

YOU ARE ADVISED, THEREFORE, THAT THE EMPLOYEES MENTIONED IN YOUR LETTER ARE NOT ENTITLED TO PAY AS FOR EIGHT HOURS ON SATURDAY, UNLESS EIGHT HOURS ARE ACTUALLY WORKED, UNDER THE CONDITION STATED IN EITHER (A), (B), (C), OR (D).