A-43197, JULY 14, 1932, 12 COMP. GEN. 35

A-43197: Jul 14, 1932

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THE PER DIEM RATE OF A FULL TIME PER DIEM EMPLOYEE ON A 5 DAY WEEK IS ONE-FIFTH OF TEN-ELEVENTHS OF THE FORMER REGULAR WEEKLY WAGE FOR FIVE AND ONE-HALF DAYS AND THE PER HOUR RATE FOR A PORTION THEREOF IS ONE-EIGHTH (8 -HOUR WORKING DAY) OF THE PER DIEM RATE THUS COMPUTED. - (A) THE DAYS OF WORK OF A PER DIEM OFFICER OR EMPLOYEE RECEIVING COMPENSATION AT A RATE WHICH IS EQUIVALENT TO MORE THAN $1. YOUR INTERPRETATION OF THE LANGUAGE OF THIS PASSAGE IS REQUESTED AS IT APPLIES TO A NUMBER OF SPECIFIC QUESTIONS WHICH ARE SET FORTH BELOW: A PER DIEM EMPLOYEE IS NOW RECEIVING $4.00 FOR A DAY'S WORK OF EIGHT HOURS. WILL HIS PAY BE TEN-ELEVENTHS OF $24 OR TEN-ELEVENTHS OF $22? WILL HE DRAW THE SAME PAY AS THE EMPLOYEE IN CASE (A/?

A-43197, JULY 14, 1932, 12 COMP. GEN. 35

ECONOMY ACT - 5-DAY WEEK - COMPUTATION OF COMPENSATION UNDER THE TERMS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, THE PER DIEM RATE OF A FULL TIME PER DIEM EMPLOYEE ON A 5 DAY WEEK IS ONE-FIFTH OF TEN-ELEVENTHS OF THE FORMER REGULAR WEEKLY WAGE FOR FIVE AND ONE-HALF DAYS AND THE PER HOUR RATE FOR A PORTION THEREOF IS ONE-EIGHTH (8 -HOUR WORKING DAY) OF THE PER DIEM RATE THUS COMPUTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 14, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 5, 1932, AS FOLLOWS:

THE APPROPRIATION ACT FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT APPROVED JUNE 30, 1932, CONTAINS THE FOLLOWING LANGUAGE:

"SEC. 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 RENDER IT ADVISABLE, THE PROVISIONS OF SUBSECTION (B) MAY BE APPLIED IN LIEU OF THE PROVISIONS OF THIS SUBSECTION.'

YOUR INTERPRETATION OF THE LANGUAGE OF THIS PASSAGE IS REQUESTED AS IT APPLIES TO A NUMBER OF SPECIFIC QUESTIONS WHICH ARE SET FORTH BELOW:

A PER DIEM EMPLOYEE IS NOW RECEIVING $4.00 FOR A DAY'S WORK OF EIGHT HOURS. THIS EMPLOYEE HAS BEEN RECEIVING $24 FOR A WEEK'S WORK OF FIVE 8- HOUR DAYS AND 4 HOURS ON SATURDAY.

CASE (A): THIS EMPLOYEE NOW WORKS FIVE DAYS, EXCLUSIVE OF SATURDAY. WILL HIS PAY BE TEN-ELEVENTHS OF $24 OR TEN-ELEVENTHS OF $22?

CASE (B): ANOTHER EMPLOYEE RECEIVING THE SAME DAILY RATE WORKS FOUR FULL DAYS AT EIGHT HOURS AND FOUR HOURS ON SATURDAY. WILL HE DRAW THE SAME PAY AS THE EMPLOYEE IN CASE (A/?

CASE (C): ANOTHER EMPLOYEE DRAWING THE SAME DAILY RATE WORKS EIGHTHOURS ON FRIDAY AND FOUR ON SATURDAY. WHAT SHOULD BE HIS COMPENSATION?

CASE (D): ANOTHER EMPLOYEE AT THE SAME DAILY RATE WORKS MONDAY, TUESDAY, AND WEDNESDAY FOR EIGHT HOURS EACH DAY. WHAT SHOULD BE HIS PAY?

CASE (E): ANOTHER EMPLOYEE WORKS FOR EIGHT HOURS ON SATURDAY. WHAT SHOULD BE HIS PAY, AND IS HE ENTITLED TO COMPENSATORY TIME FOR TIME WORKED ON SATURDAY AFTERNOON?

AN INTERPRETATION ALSO IS REQUESTED ON THE FOLLOWING QUOTED PROVISION OF THE ACT ABOVE REFERRED TO:

"SEC. 101. * * *

"/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 BE IN THE AGGREGATE BE EQUIVALENT TO ONE CALENDAR MONTH, FOR WHICH LATTER PURPOSE 24 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 PROVISION OF THIS ACT SHALL NOT BE REDUCED BY REASON OF THE ACTION OF ANY WAGE BOARD DURING THE FISCAL YEAR 1933.'

UNDER THE ABOVE-QUOTED PROVISION SHALL THERE BE DEDUCTED FROM THE PAY OF AN EMPLOYEE ON AN ANNUAL OR MONTHLY BASIS ONE TWENTY-FOURTH OF HIS MONTHLY COMPENSATION FOR EACH WORKING DAY HE IS ABSENT, AND ONE FORTY-EIGHTH FOR ANY SATURDAY FOR WHICH HE IS ABSENT?

IT IS UNDERSTOOD THAT THE EMPLOYEES REFERRED TO ARE FULL-TIME, PER DIEM EMPLOYEES WHO MAY BE ON AUTHORIZED LEAVE OR FURLOUGH WITHOUT PAY FOR A PORTION OF THE 5-DAY WEEK AND ARE NOT REGULAR PART-TIME PER DIEM EMPLOYEES WHO REGULARLY WORKED LESS THAN FIVE DAYS PER WEEK PRIOR TO JUNE 30, 1932.

CASE (A):TEN-ELEVENTHS OF $24, OR $21.81.

CASE (B): NO. THE PER DIEM RATE OF PER DIEM EMPLOYEES ON A 5-DAY WEEK IS ONE-FIFTH OF TEN-ELEVENTHS OF THEIR FORMER REGULAR WEEKLY WAGE FOR 5 1/2 DAYS (44 HOURS). THE EMPLOYEE WOULD BE ENTITLED TO $4.36 PER DIEM ON A 5- DAY WEEK BASIS, AND FOR FOUR DAYS OF EIGHT HOURS AND FOUR HOURS ON SATURDAY (RATE FOR SATURDAY NOW BEING THE SAME AS ON ANY OTHER WORKING DAY) HE WOULD BE ENTITLED TO FOUR AND ONE-HALF TIMES $4.36, WHICH EQUALS $19.62.

CASE (C): $6.54.

CASE (D): $13.08.

CASE (E): $4.36. THE EMPLOYEE WOULD NOT BE ENTITLED TO COMPENSATORY TIME.

YOUR LAST QUESTION HAS BEEN ANSWERED IN GENERAL DECISION OF JULY 8, 1932, A-43276, 12 COMP. GEN. 16.