A-43126, JULY 8, 1932, 12 COMP. GEN. 11

A-43126: Jul 8, 1932

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IS PRIMARILY WITHIN ADMINISTRATIVE DISCRETION TO MEET THE NEEDS OF THE SERVICE. THE PER HOUR RATE WILL BE ONE EIGHTH (8- HOUR WORK DAY) OF SUCH PER DIEM RATE. IF THE LEGISLATIVE FURLOUGH IS APPLIED UNDER SUBSECTION (B). A PER DIEM EMPLOYEE WHOSE ANNUAL COMPENSATION IS HELD TO BE THE TOTAL FOR 313 DAYS IS EXCLUDED FROM THE RESTRICTIONS OF THE 5-DAY WEEK. THE PERCENTAGE REDUCTION OF COMPENSATION IF THE PER DIEM IS $3.19 OR LESS. IF THE 5-DAY WEEK IS ADOPTED FOR PER DIEM EMPLOYEES. THE NEW RATE FOR 5 DAYS OR TEN-ELEVENTHS OF THE PRESENT PAY FOR A WEEK'S WORK OF 5 1/2 DAYS IS TO BE CONSIDERED AS THE BASIS FOR FIXING THE PER HOUR AND PER DIEM RATES WITHOUT REGARD TO WHETHER EMPLOYEES WORK THE FULL 5 DAYS OR ANY PORTION THEREOF EACH WEEK.

A-43126, JULY 8, 1932, 12 COMP. GEN. 11

ECONOMY ACT - APPLICATION OF 5-DAY WEEK AND LEGISLATIVE FURLOUGH TO PER DIEM AND PER ANNUM EMPLOYEES THE TIME WHEN THE LEGISLATIVE FURLOUGH MAY BE TAKEN UNDER SECTION 101 (B) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, IS PRIMARILY WITHIN ADMINISTRATIVE DISCRETION TO MEET THE NEEDS OF THE SERVICE, EXCEPT THAT NO OFFICER OR EMPLOYEE MAY BE FURLOUGHED FOR MORE THAN FIVE DAYS IN ANY ONE CALENDAR MONTH WITHOUT HIS CONSENT. UNDER SUBSECTION (A) OF SECTION 101 OF THE ACT OF JUNE 30, 1932, THE PER DIEM RATE OF COMPENSATION OF A PER DIEM EMPLOYEE WOULD BE ONE-FIFTH OF TEN -ELEVENTHS OF THE FORMER REGULAR WEEKLY (5 1/2 DAYS OR 44 HOURS) RATE OF COMPENSATION OF EMPLOYEES, AND THE PER HOUR RATE WILL BE ONE EIGHTH (8- HOUR WORK DAY) OF SUCH PER DIEM RATE. IF THE LEGISLATIVE FURLOUGH IS APPLIED UNDER SUBSECTION (B), THE PER DIEM RATE OF A PER DIEM EMPLOYEE DOES NOT CHANGE, BUT WOULD BE THE REGULAR RATE, AND THE PER HOUR RATE WOULD BE ONE-EIGHTH THEREOF; AND THESE RESPECTIVE RATES WOULD BE APPLICABLE FOR THE PERIOD ON FURLOUGH WITHOUT PAY. UNDER SECTION 101 (C) AND SECTION 104 (C) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, 400, A PER DIEM EMPLOYEE WHOSE ANNUAL COMPENSATION IS HELD TO BE THE TOTAL FOR 313 DAYS IS EXCLUDED FROM THE RESTRICTIONS OF THE 5-DAY WEEK, THE LEGISLATIVE FURLOUGH, AND THE PERCENTAGE REDUCTION OF COMPENSATION IF THE PER DIEM IS $3.19 OR LESS. IF THE 5-DAY WEEK IS ADOPTED FOR PER DIEM EMPLOYEES, PURSUANT TO SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, THE NEW RATE FOR 5 DAYS OR TEN-ELEVENTHS OF THE PRESENT PAY FOR A WEEK'S WORK OF 5 1/2 DAYS IS TO BE CONSIDERED AS THE BASIS FOR FIXING THE PER HOUR AND PER DIEM RATES WITHOUT REGARD TO WHETHER EMPLOYEES WORK THE FULL 5 DAYS OR ANY PORTION THEREOF EACH WEEK. IF THE 5-DAY WEEK IS ADOPTED FOR PER ANNUM OFFICERS AND EMPLOYEES, PURSUANT TO SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, THEIR PER ANNUM COMPENSATION WOULD THEN BE TEN-ELEVENTHS OF THEIR FORMER REGULAR PER ANNUM RATE, AND THE PER ANNUM RATE AS THUS COMPUTED SHOULD BE DIVIDED BY 12 TO DETERMINE THE MONTHLY RATE AND THE MONTHLY RATE DIVIDED BY 30 TO DETERMINE THE PER DIEM RATE. IF THE APPLICATION OF THE 5-DAY WEEK OR FURLOUGH WOULD REDUCE AN EMPLOYEE'S COMPENSATION WHICH IS NOW MORE THAN $1,000 PER ANNUM TO $1,000 OR LESS, THE BASIS FOR COMPUTING PER DIEM, PER WEEK, AND PER ANNUM RATES WOULD BE $1,000 PER ANNUM. IF THE FURLOUGH PLAN IS ADOPTED UNDER SUBSECTION (C), IT IS NECESSARY TO FURLOUGH SUCH EMPLOYEES ONLY A SUFFICIENT NUMBER OF DAYS TO REDUCE THE SALARY RATE TO $1,000 PER ANNUM OR ITS PER DIEM EQUIVALENT. SUCH EMPLOYEES ARE NOT ENTITLED TO ANY LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933. IF THE 5-DAY WEEK IS ADOPTED, THOSE EMPLOYEES RECEIVING $1,000 PER ANNUM OR LESS, OR THE PER DIEM EQUIVALENT THEREOF, MUST RECEIVE THEIR FULL RATE OF COMPENSATION NOTWITHSTANDING THE CHANGE FROM 5 1/2 TO 5 WORKING DAYS PER WEEK, AND NO LEGISLATIVE FURLOUGHS WITHOUT PAY MAY BE APPLIED TO THEM. THESE EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933. THE PROVISIONS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, TOGETHER WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, ESTABLISHING THE SATURDAY HALF DAY, AND PROVIDING FOR COMPENSATORY TIME FOR EMPLOYEES REQUIRED TO WORK ON SATURDAY AFTERNOON, WOULD PERMIT AN ADMINISTRATIVE OFFICE, WHERE, FOR SPECIAL PUBLIC REASONS, THE SERVICES OF EMPLOYEES CAN NOT BE SPARED ON SATURDAY, TO ADOPT A 5-DAY WEEK BY REQUIRING WORK ON ANY 5 DAYS OF THE WEEK FOR INDIVIDUAL EMPLOYEES OR GROUPS OF EMPLOYEES, BUT THE WORKING TIME CAN NOT, BY ANY OPERATION OF THE SATURDAY HALF-DAY LAW, BE REDUCED TO 4 DAYS A WEEK. IF A PER DIEM EMPLOYEE ON A 5-DAY WEEK IS REQUIRED TO WORK 4 HOURS ON A SATURDAY, UNDER THE TERMS OF SECTION 211 (A) (1) OF THE ACT OF JUNE 30, 1932, 47 STAT. 406, HIS RATE OF COMPENSATION FOR SATURDAY OR FOR ANY OVERTIME, SUNDAY, OR HOLIDAY WORK WILL BE THE SAME RATE AS ON ANY OF THE 5 WORKING DAYS. IN THE APPLICATION OF THE PROVISIONS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, AUTHORIZING ADOPTION OF THE 5-DAY WEEK, THE TERM "ONE WEEK" MAY BE CONSIDERED AS MEANING ANY PERIOD OF SEVEN CONSECUTIVE DAYS. IN COMPUTING THE AMOUNT OF SAVING TO THE GOVERNMENT ON HOURLY RATES OF COMPENSATION, REQUIRED BY THE ACT OF JUNE 30, 1932, 47 STAT. 382, THERE IS NO AUTHORITY TO DISREGARD FRACTIONS OF A CENT.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JULY 8, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 27, 1932, WHEREIN YOU REQUEST DECISION OF 12 QUESTIONS ARISING IN THE APPLICATION OF SECTION 101 OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 399, PROVIDING AS FOLLOWS:

SECTION 101. DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(A) THE DAYS OF WORK OF A PER DIEM OFFICER OR EMPLOYEE RECEIVING COMPENSATION AT A RATE WHICH IS EQUIVALENT TO MORE THAN $1,000 PER ANNUM SHALL NOT EXCEED FIVE IN ANY ONE WEEK, AND THE COMPENSATION FOR FIVE DAYS SHALL BE TEN-ELEVENTHS OF THAT PAYABLE FOR A WEEK'S WORK OF FIVE AND ONE- HALF DAYS: PROVIDED, THAT NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS MODIFYING THE METHOD OF FIXING THE DAILY RATE OF COMPENSATION OF PER DIEM OFFICERS OR EMPLOYEES AS NOW AUTHORIZED BY LAW: PROVIDED FURTHER, THAT WHERE THE NATURE OF THE DUTIES OF A PER DIEM OFFICER OR EMPLOYEE RENDERS IT ADVISABLE, THE PROVISIONS OF SUBSECTION (B) MAY BE APPLIED IN LIEU OF THE PROVISIONS OF THIS SUBSECTION.

(B) EACH OFFICER OR EMPLOYEE RECEIVING COMPENSATION ON AN ANNUAL BASIS AT THE RATE OF MORE THAN $1,000 PER ANNUM SHALL BE FURLOUGHED WITHOUT COMPENSATION FOR ONE CALENDAR MONTH, OR FOR SUCH PERIODS AS SHALL IN THE AGGREGATE BE EQUIVALENT TO ONE CALENDAR MONTH, FOR WHICH LATTER PURPOSE TWENTY-FOUR WORKING DAYS (COUNTING SATURDAY AS ONE-HALF DAY) SHALL BE CONSIDERED AS THE EQUIVALENT OF ONE CALENDAR MONTH: PROVIDED, THAT WHERE THE NATURE OF THE DUTIES OF ANY SUCH OFFICER OR EMPLOYEE RENDER IT ADVISABLE, THE PROVISIONS OF SUBSECTION (A) MAY BE APPLIED IN LIEU OF THE PROVISIONS OF THIS SUBSECTION: PROVIDED FURTHER, THAT NO OFFICER OR EMPLOYEE SHALL, WITHOUT HIS CONSENT, BE FURLOUGHED UNDER THIS SUBSECTION FOR MORE THAN FIVE DAYS IN ANY ONE CALENDAR MONTH: PROVIDED FURTHER, THAT THE RATE OF COMPENSATION OF ANY EMPLOYEE FURLOUGHED UNDER THE PROVISIONS OF THIS ACT SHALL NOT BE REDUCED BY REASON OF THE ACTION OF ANY WAGE BOARD DURING THE FISCAL YEAR 1933.

(C) IF THE APPLICATION OF THE PROVISIONS OF SUBSECTIONS (A) AND (B) TO ANY OFFICER OR EMPLOYEE WOULD REDUCE HIS RATE OF COMPENSATION TO LESS THAN $1,000 PER ANNUM, SUCH PROVISIONS SHALL BE APPLIED TO HIM ONLY TO THE EXTENT NECESSARY TO REDUCE HIS RATE OF COMPENSATION TO $1,000 PER ANNUM.

THE QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER.

1. HOW SHALL THE PROVISION OF SUBSECTION (B) BE APPLIED TO A PER DIEM OFFICER AND EMPLOYEE IF IT IS DEEMED ADVISABLE TO FURLOUGH ANY OR ALL OF THEM FOR ONE CALENDAR MONTH OR FOR SUCH PERIODS AS SHALL IN THE AGGREGATE EQUAL 24 WORKING DAYS (COUNTING SATURDAY AS A HALF DAY) IN LIEU OF A FIVE- DAY WORK WEEK AS PROVIDED FOR IN SUBSECTION (A/?

THE SECOND PROVISO TO SUBSECTION (A) OF SECTION 101 AUTHORIZES APPLYING THE PROVISIONS OF SUBSECTION (B) IN LIEU OF SUBSECTION (A) TO ANY PER DIEM OFFICER OR EMPLOYEE WHERE THE NATURE OF THE DUTIES RENDERS SUCH ACTION ADVISABLE. THE TIME WHEN THE FURLOUGH MAY BE TAKEN UNDER SUBSECTION (B) IS PRIMARILY WITHIN ADMINISTRATIVE DISCRETION TO MEET THE NEEDS OF THE SERVICE, EXCEPT THAT NO OFFICER OR EMPLOYEE MAY BE FURLOUGHED FOR MORE THAN FIVE DAYS IN ANY ONE CALENDAR MONTH WITHOUT HIS CONSENT. GENERAL REGULATIONS RELATING TO THE ACCOUNTING AND PAY ROLL NOTATIONS WILL BE ISSUED BY THIS OFFICE IN THE NEAR FUTURE.

2. WHAT WILL BE THE BASIS FOR THE PER HOUR AND PER DAY RATE OF PAY OF A PER DIEM OFFICER AND EMPLOYEE UNDER SUBSECTIONS (A), (B), AND (C/?

UNDER SUBSECTION (A) THE PER DIEM RATE OF COMPENSATION OF A PER DIEM EMPLOYEE WILL BE ONE-FIFTH OF TEN-ELEVENTHS OF THE FORMER REGULAR WEEKLY (5 1/2 DAYS OF 44 HOURS) RATE OF COMPENSATION OF EMPLOYEES AND THE PER HOUR RATE WILL BE ONE-EIGHTH (8-HOUR WORK DAY) OF SUCH PER DIEM RATE. UNDER SUBSECTION (B) THE PER DIEM RATE OF A PER DIEM EMPLOYEE DOES NOT CHANGE, BUT WOULD BE THE REGULAR RATE, AND THE PER HOUR RATE WOULD BE ONE- EIGHTH THEREOF, AND THESE RESPECTIVE RATES WOULD BE APPLICABLE FOR THE PERIOD ON FURLOUGH WITHOUT PAY. SUBSECTION (C) PROVIDES THAT EMPLOYEES RECEIVING COMPENSATION OF $1,000 PER ANNUM OR LESS ARE NOT SUBJECT TO THE RESTRICTIONS OF THE ACT AS TO THE 5-DAY WEEK OR THE FURLOUGH. THE COMPUTATION OF THE PER ANNUM EQUIVALENT OF PER DIEM COMPENSATION IN DETERMINING WHETHER AN EMPLOYEE IS WITHIN THE $1,000EXEMPTION SHOULD BE AS PRESCRIBED IN SUBSECTION (C) OF SECTION 104, AS FOLLOWS:

IN THE CASE OF ANY OFFICE, POSITION, OR EMPLOYMENT THE COMPENSATION FOR WHICH IS CALCULATED ON A PIECEWORK, HOURLY, OR PER DIEM BASIS, THE RATE OF COMPENSATION PER ANNUM SHALL BE HELD TO BE THE TOTAL AMOUNT WHICH WOULD BE PAYABLE FOR THE REGULAR WORKING HOURS AND ON THE BASIS OF THREE HUNDRED AND SEVEN WORKING DAYS, OR THE NUMBER OF WORKING DAYS ON THE BASIS OF WHICH SUCH COMPENSATION IS CALCULATED, WHICHEVER IS THE GREATER.

SINCE PER DIEM EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE ARE PAID FOR HOLIDAYS, PURSUANT TO THE ACT OF JANUARY 12, 1895, 28 STAT. 607, THEIR RATE OF COMPENSATION IS BASED ON 313 (365 DAYS MINUS 52 SUNDAYS) DAYS PER ANNUM. ON THIS BASIS A PER DIEM EMPLOYEE WHOSE PER DIEM RATE IS $3.19 OR LESS IS EXCLUDED FROM THE RESTRICTIONS OF THE 5 DAY WEEK OR COMPULSORY FURLOUGH AND PERCENTAGE REDUCTIONS IN COMPENSATION.

3. UNDER SUBSECTION (A) CAN THE NEW RATE FOR FIVE DAYS OF 10/11 OF THE PRESENT PAY FOR A WEEK'S WORK OF FIVE AND ONE-HALF DAYS BE CONSIDERED AS FIXING THE PER HOUR AND PER DAY RATE WITHOUT REGARD AS TO WHETHER THE EMPLOYEE WORKS THE FULL FIVE DAYS OR ANY PORTION THEREOF EACH WEEK?

YES.

4. HOW SHALL THE PROVISION OF SUBSECTION (A) BE APPLIED TO PER ANNUM OFFICER AND EMPLOYEE IF IT IS DEEMED ADVISABLE TO FIX THEIR DAYS OF WORK AT NOT TO EXCEED FIVE DAYS IN ANY ONE WEEK IN LIEU OF A FURLOUGH FOR ONE CALENDAR MONTH OR SUCH PERIODS AS SHALL IN THE AGGREGATE EQUAL 24 HOURS WORKING DAYS (COUNTING SATURDAY AS A HALF DAY), AS PROVIDED FOR IN SUBSECTION (B/?

THERE WOULD BE INVOLVED SIMPLY THE ESTABLISHING OF THE 5-DAY WEEK FOR PER ANNUM OFFICERS AND EMPLOYEES, AND THEIR PER ANNUM COMPENSATION WOULD THEN BE AT TEN-ELEVENTHS OF THEIR FORMER REGULAR PER ANNUM RATE, AND FOR EACH DAY'S ABSENCE WITHOUT PAY (OTHER THAN THE ONE-HALF DAY FURLOUGH EACH WEEK) THERE SHOULD BE DEDUCTED ONE-THREE HUNDRED AND SIXTIETH OF THE PER ANNUM COMPENSATION AS THUS COMPUTED IN ACCORDANCE WITH THE RULES AND REGULATIONS APPLICABLE TO DEDUCTIONS FOR LEAVE WITHOUT PAY.

5. WHAT WILL BE THE BASIS OF PAY PER DAY, PER WEEK, AND PER MONTH OF A PER ANNUM EMPLOYEE UNDER SUBSECTION (A/?

THE PER ANNUM RATE ON A 5-DAY WEEK BASIS, OR TEN-ELEVENTHS OF THE EMPLOYEE'S REGULAR PER ANNUM RATE, SHOULD BE DIVIDED BY 12 TO DETERMINE THE MONTHLY RATE AND THE MONTHLY RATE DIVIDED BY 30 TO DETERMINE THE PER DIEM RATE. THERE APPEARS NO AUTHORITY NOR NECESSITY TO COMPUTE THE PER ANNUM COMPENSATION ON A WEEKLY BASIS.

6. IF THE APPLICATION OF THE PROVISIONS OF SUBSECTIONS (A) OR (B) REDUCED THE RATE OF COMPENSATION OF AN EMPLOYEE TO LESS THAN $1,000 PER ANNUM (OR WHATEVER EXEMPTION IS FINALLY FIXED UPON BY CONGRESS), WHAT WOULD BE THE BASIS FOR THE PER DIEM, PER WEEK, AND PER ANNUM RATES OF SUCH EMPLOYEES AS DETERMINED UNDER EACH SUBSECTION?

IF THE APPLICATION OF THE 5-DAY WEEK OR FURLOUGH WOULD REDUCE AN EMPLOYEE'S COMPENSATION WHICH IS NOW MORE THAN $1,000 PER ANNUM TO $1,000 OR LESS, THE BASIS FOR COMPUTING THE PER DIEM, PER WEEK, AND PER ANNUM RATE WOULD BE $1,000 PER ANNUM. THAT IS TO SAY, THE SALARY RATE OF ALL SUCH EMPLOYEES TO WHOM THE 5-DAY WEEK IS APPLIED UNDER SUBSECTION (A) WOULD BE $1,000 PER ANNUM OR ITS PER DIEM EQUIVALENT. IF THE FURLOUGH PLAN IS APPLIED UNDER SUBSECTION (C), IT IS NECESSARY TO FURLOUGH SUCH EMPLOYEES ONLY A SUFFICIENT NUMBER OF DAYS TO REDUCE THE SALARY RATE TO $1,000 PER ANNUM OR ITS PER DIEM EQUIVALENT. SUCH EMPLOYEES ARE, OF COURSE, NOT ENTITLED TO ANY ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933.

7. WHAT IS THE APPLICATION, IF ANY, OF SUBSECTIONS (A), (B), AND (C) TO EMPLOYEES WHOSE PRESENT PER DIEM OR PER ANNUM RATE OF PAY IS LESS THAN $1,000 A YEAR? WOULD THEY BE ENTITLED TO THEIR PRESENT RATE OF PAY PER ANNUM UP TO $1,000 UNDER EITHER SECTION? IF SO, WHAT WOULD BE THEIR PER HOUR AND PER DIEM RATE UNDER SUBSECTION (A/?

IF THE 5-DAY WEEK IS ADOPTED, THOSE EMPLOYEES RECEIVING $1,000 PER ANNUM OR LESS OR THE PER DIEM EQUIVALENT THEREOF MUST RECEIVE THEIR FULL RATE OF COMPENSATION NOTWITHSTANDING THE CHANGE FROM FIVE AND ONE HALFTO FIVE WORKING DAYS PER WEEK. THAT IS TO DAY, THEY WILL BE ENTITLED TO THE SAME PAY FOR WORKING FIVE DAYS A WEEK THAT THEY PREVIOUSLY HAD RECEIVED FOR WORKING FIVE AND ONE-HALF DAYS A WEEK. NO FURLOUGHS MAY BE APPLIED TO EMPLOYEES WHOSE RATE OF COMPENSATION IS $1,000 PER ANNUM OR LESS, OR ITS PER DIEM EQUIVALENT. HOWEVER, THESE EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933.

8. WHAT IS THE APPLICATION, IF ANY, OF THE SATURDAY HALF HOLIDAY LAW TO SECTION 101? FOR INSTANCE, IF AN EMPLOYEE IS REQUIRED TO WORK EIGHT HOURS ON A SATURDAY, COULD HIS COMPENSATORY TIME OF FOUR HOURS ON ANOTHER DAY BE COMBINED WITH HIS HALF-DAY FURLOUGH ON THE SAME DAY SO AS TO REDUCE HIS WORKING TIME THE FOLLOWING WEEK TO FOUR FULL DAYS?

THE 5-DAY WEEK IS GENERALLY CONSIDERED TO BE FROM MONDAY TO FRIDAY, INCLUSIVE. HOWEVER, THE PROVISIONS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, TOGETHER WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, ESTABLISHING THE SATURDAY HALF DAY, AND PROVIDING FOR COMPENSATORY TIME FOR EMPLOYEES REQUIRED TO WORK ON SATURDAY AFTERNOON, WOULD PERMIT AN ADMINISTRATIVE OFFICE, WHERE, FOR SPECIAL PUBLIC REASONS, THE SERVICES OF EMPLOYEES CAN NOT BE SPARED ON SATURDAY, TO ADOPT A 5-DAY WEEK BY REQUIRING WORK ON ANY FIVE DAYS OF THE WEEK FOR INDIVIDUAL EMPLOYEES OR GROUPS OF EMPLOYEES. BUT THE WORKING TIME CAN NOT, BY ANY OPERATION OF THE SATURDAY HALF DAY LAW, BE REDUCED TO FOUR DAYS A WEEK AS SUGGESTED.

9. IF AN EMPLOYEE IS REQUIRED TO WORK FOUR HOURS ON A SATURDAY, WHAT WILL BE HIS RATE OF PAY FOR THAT DAY UNDER SUBSECTION (A/?

THE SAME RATE AS FOR FOUR HOURS ON ANY OTHER DAY UNDER THE 5-DAY WEEK PLAN.

10. WILL THE 10/11 RATE APPLY TO ANY OR ALL WORKING TIME IN EXCESS OF FIVE DAYS EACH WEEK, INCLUDING OVERTIME, SUNDAY, AND HOLIDAY WORK, AS PROVIDED FOR IN SECTION 211 (A) (1/?

SECTION 211 (A) (1) PROVIDES:

(A) DURING THE FISCAL YEAR ENDING JUNE 30, 1933---

(1) NO OFFICER OR EMPLOYEE OF THE GOVERNMENT SHALL BE ALLOWED OR PAID A HIGHER RATE OF COMPENSATION FOR OVERTIME WORK (EITHER DAY OR NIGHT) OR FOR WORK ON SUNDAYS AND HOLIDAYS;

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

11. DOES THE PROVISION IN SUBSECTION (A) THAT "THE DAYS OF WORK * * * SHALL NOT EXCEED FIVE IN ANY ONE WEEK" MEAN LITERALLY A CALENDAR WEEK OR MAY IT BE INTERPRETED TO APPLY TO ANY PERIOD OF FIVE CONSECUTIVE WORKING DAYS EXCLUSIVE OF NONWORKING SATURDAYS, SUNDAYS, AND HOLIDAYS?

IN THE APPLICATION OF THIS PROVISION "ONE WEEK" MAY BE CONSIDERED AS MEANING ANY PERIOD OF SEVEN CONSECUTIVE DAYS.

12. IN COMPUTING PAY BASED ON HOURLY RATES, MAY FRACTIONS OF LESS THAN ONE-HALF CENT BE DROPPED AND FRACTIONS OF ONE-HALF CENT OR MORE BE TAKEN AS A CENT? FOR INSTANCE, IN A BASIC RATE OF 65 CENTS PLUS THE PROPOSED 7 1/2 PERCENT FOR NIGHT RATE, EQUALING 69.875, CAN IT BE MADE 70 CENTS?

THIS QUESTION IS ANSWERED IN THE NEGATIVE.

THE ANSWERS TO THE QUESTIONS PRESENTED HAVE BEEN STATED IN GENERAL TERMS WITHOUT ATTEMPTING TO APPLY THE RULES TO SPECIFIC CASES. ANY DIFFICULTY EXPERIENCED IN APPLYING THE RULES TO SPECIFIC RATES OR CLASSES OF EMPLOYEES WILL BE GIVEN FURTHER CONSIDERATION IF AND WHEN PRESENTED.