A-47417, FEBRUARY 28, 1933, 12 COMP. GEN. 534

A-47417: Feb 28, 1933

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ECONOMY ACT - 5-DAY WEEK - INAUGURATION DAY - GOVERNMENT PRINTING OFFICE PER HOUR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ON A 5-DAY WEEK ARE ENTITLED TO PAY FOR INAUGURATION DAY. THAT IS ONE-FIFTH OF THE REGULAR WEEKLY PAY. HOURLY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WILL BE ENTITLED TO TWICE THEIR REGULAR RATE OF COMPENSATION COMPUTED ON A 5-DAY WEEK BASIS UNDER THE TERMS OF SECTION 101 (A) OF THE ECONOMY ACT. AS ANNUAL EMPLOYEES ARE NOT GRANTED PAY OR COMPENSATORY TIME FOR HOLIDAYS BY STATUTE. ANNUAL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ON A 5-DAY WEEK ARE NOT ENTITLED TO COMPENSATORY TIME FOR INAUGURATION DAY. PRACTICALLY ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE (BOTH ANNUAL AND HOURLY) ARE EMPLOYED ON THE 5-DAY WEEK AS PROVIDED IN SECTION 101 (A) OF THE ECONOMY ACT FOR FISCAL YEAR 1933.

A-47417, FEBRUARY 28, 1933, 12 COMP. GEN. 534

ECONOMY ACT - 5-DAY WEEK - INAUGURATION DAY - GOVERNMENT PRINTING OFFICE PER HOUR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ON A 5-DAY WEEK ARE ENTITLED TO PAY FOR INAUGURATION DAY, SATURDAY, MARCH 4, 1933, COMPUTED ON A 5-DAY WEEK BASIS, THAT IS ONE-FIFTH OF THE REGULAR WEEKLY PAY. FOR WORK PERFORMED ON INAUGURATION DAY, 1933, HOURLY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WILL BE ENTITLED TO TWICE THEIR REGULAR RATE OF COMPENSATION COMPUTED ON A 5-DAY WEEK BASIS UNDER THE TERMS OF SECTION 101 (A) OF THE ECONOMY ACT, ONE RATE FOR THE STATUTORY HOLIDAY, AND THE OTHER RATE FOR THE WORK PERFORMED, AND THEY WOULD BE REQUIRED TO TAKE OFF EQUIVALENT TIME IN ORDER ULTIMATELY TO REDUCE THE WORKING WEEK OF MARCH 4, TO FIVE DAYS. AS ANNUAL EMPLOYEES ARE NOT GRANTED PAY OR COMPENSATORY TIME FOR HOLIDAYS BY STATUTE, ANNUAL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ON A 5-DAY WEEK ARE NOT ENTITLED TO COMPENSATORY TIME FOR INAUGURATION DAY, 1933.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, FEBRUARY 28, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 16, 1933, AS FOLLOWS:

THE ACT OF JANUARY 12, 1895 (U.S.C., TITLE 44, SEC. 44) MAKES AN ABSOLUTE GRANT TO EMPLOYEES OF THE UNITED STATES GOVERNMENT PRINTING OFFICE OF THEIR REGULAR RATE OF COMPENSATION FOR THE HOLIDAYS MENTIONED THEREIN WITHOUT PERFORMANCE OF ANY WORK ON SUCH HOLIDAYS. (COMPTROLLER GENERAL'S DECISION A-43055, JULY 12, 1932.

PRACTICALLY ALL EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE (BOTH ANNUAL AND HOURLY) ARE EMPLOYED ON THE 5-DAY WEEK AS PROVIDED IN SECTION 101 (A) OF THE ECONOMY ACT FOR FISCAL YEAR 1933. A FEW OF THESE EMPLOYEES ARE REQUIRED BY EMERGENCIES TO WORK ON SATURDAYS AND TAKE OFF EQUIVALENT TIME IN THE FOLLOWING WEEK.

INAUGURATION DAY, MARCH 4, 1933, FALLS ON A SATURDAY.

IN VIEW OF ALL THE ABOVE FACTS, YOUR ADVICE IS REQUESTED ON THE FOLLOWING QUESTIONS:

1. IS AN HOURLY EMPLOYEE WHO WORKS FIVE DAYS IN THE WEEK AND IS PAID THEREFOR AT THE PRORATED RATE ENTITLED TO RECEIVE IN ADDITION TO SUCH RATE ANY PAY FOR INAUGURATION DAY IF HE DOES NO WORK ON THAT DAY, AND IF SO, AT WHAT RATE?

2. IF AN HOURLY EMPLOYEE HAS WORKED FIVE DAYS DURING THE WEEK AND IS PAID THEREFOR AT THE PRORATED RATE, AND THEN WORKS PART OR ALL OF INAUGURATION DAY, WHAT RATE (PRORATED OR OVERTIME) WOULD HE RECEIVE FOR THAT WORKING TIME, AND WOULD HE BE REQUIRED TO SUBSEQUENTLY TAKE OFF EQUIVALENT TIME IN ORDER TO ULTIMATELY REDUCE THE WORKING WEEK OF MARCH 4 TO FIVE DAYS?

3. IS AN ANNUAL EMPLOYEE ON THE 5-DAY WEEK PLAN ENTITLED TO ANY TIME OFF SUBSEQUENT TO AND IN LIEU OF THE INAUGURATION DAY HOLIDAY FOR WHICH, ALTHOUGH HE DOES NOT WORK, HE NEVERTHELESS HAS 1/11TH OF HIS SALARY DEDUCTED FROM HIS PAY?

SECTION 46 OF THE ACT OF JANUARY 12, 1895, 28 STAT. 607, PROVIDES:

THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE SHALL BE ALLOWED THE FOLLOWING LEGAL HOLIDAYS WITH PAY, TO WIT: THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE FOURTH DAY OF JULY, THE TWENTY FIFTH DAY OF DECEMBER, INAUGURATION DAY, MEMORIAL DAY, LABOR'S HOLIDAY, AND SUCH DAY AS MAY BE DESIGNATED BY THE PRESIDENT OF THE UNITED STATES AS A DAY OF PUBLIC FAST OR THANKSGIVING.

THE DECISION OF JULY 12, 1932, 12 COMP. GEN. 22, PROVIDES:

THE ACT OF JANUARY 12, 1895, 28 STAT. 607, QUOTED IN YOUR SUBMISSION, MAKES AN ABSOLUTE GRANT TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE OF THEIR REGULAR RATE OF COMPENSATION FOR THE HOLIDAYS MENTIONED THEREIN WITHOUT PERFORMANCE OF ANY WORK ON SUCH HOLIDAYS. THE RESTRICTION ON THE RATE OF COMPENSATION CONTAINED IN SECTION 211 (1) OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 406, ALSO QUOTED IN YOUR SUBMISSION, IS AGAINST A HIGHER RATE OF PAY FOR OVERTIME WORK AND "FOR WORK ON SUNDAYS AND HOLIDAYS.' THE LATTER STATUTE DOES NOT SUPERSEDE NOR RENDER INOPERATIVE THE FORMER STATUTE, THERE BEING NO INCONSISTENCY OR CONFLICT BETWEEN THE TWO STATUTES COMING WITHIN THE TERMS OF SECTION 802 OF THE LATTER STATUTE.

ACCORDINGLY, YOU ARE AUTHORIZED TO PAY PER DIEM EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHO ARE REQUIRED TO WORK ON ONE OF THE HOLIDAYS MENTIONED IN THE ACT OF JANUARY 12, 1895, FOR TIME WORKED ON SUCH DAY AT THEIR REGULAR RATE OF COMPENSATION (NOT "PRICE AND ONE HALF") IN ADDITION TO THE REGULAR PAY FOR THE HOLIDAY. * * *

SEE, ALSO, 12 COMP. GEN. 117, AND THE DECISION OF AUGUST 8, 1932, 12 COMP. GEN. 204, 206, IN WHICH IT WAS STATED:

* * * IT MAY BE STATED GENERALLY THAT IN SO FAR AS THE RIGHT OF PER DIEM EMPLOYEES TO PAY FOR THESE STATUTORY HOLIDAYS IS CONCERNED THERE IS NO DIFFERENCE BETWEEN THOSE WORKING ON A 5-DAY WEEK BASIS AND THOSE WORKING ON A 5 1/2-DAY WEEK BASIS.

WHEN A STATUTORY HOLIDAY FALLS ON SATURDAY, COMPENSATION FOR THE DAY IS TO BE COMPUTED AS FOR A HOLIDAY, RATHER THAN AS FOR A SATURDAY, IN SO FAR AS PER DIEM OR PER HOUR EMPLOYEES ARE CONCERNED, PER HOUR EMPLOYEES BEING CONSIDERED AS PER DIEM WITHIN THE MEANING OF THE STATUTES GRANTING PAY FOR HOLIDAYS.

YOUR NUMBERED QUESTIONS ARE ANSWERED AS FOLLOWS:

1. YES, AT THE SAME RATE AS FOR OTHER DAYS COMPUTED ON A 5-DAY WEEK BASIS, THAT IS, AT 1/5 OF THE REGULAR WEEKLY PAY. SECTION 211 (A) (1) OF THE ECONOMY ACT, 12 COMP. GEN. 11, 15.

2. FOR WORK PERFORMED ON INAUGURATION DAY, 1933, HOURLY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WILL BE ENTITLED TO TWICE THEIR REGULAR RATE OF COMPENSATION COMPUTED ON A 5-DAY WEEK BASIS UNDER THE TERMS OF SECTION 101 (A) OF THE ECONOMY ACT, ONE RATE FOR THE STATUTORY HOLIDAY, AND THE OTHER RATE FOR THE WORK PERFORMED, AND THEY WOULD BE REQUIRED TO TAKE OFF EQUIVALENT TIME IN ORDER ULTIMATELY TO REDUCE THE WORKING WEEK OF MARCH 4 TO FIVE DAYS.

3. ANNUAL EMPLOYEES ARE NOT GRANTED PAY OR COMPENSATORY TIME FOR HOLIDAYS BY STATUTE. HENCE, THIS QUESTION IS ANSWERED IN THE NEGATIVE.