A-49934, JULY 17, 1933, 13 COMP. GEN. 17

A-49934: Jul 17, 1933

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SATURDAY HALF HOLIDAY - 30-HOUR WEEK WHERE AN EMPLOYEE WORKS A REGULAR NUMBER OF HOURS ON ALL 6 WORKING DAYS OF THE WEEK THE SATURDAY HALF HOLIDAY APPLIES AND AN EMPLOYEE WHO WORKS MORE THAN 4 HOURS ON SATURDAY UNDER THESE CONDITIONS IS ENTITLED TO COMPENSATORY TIME EQUIVALENT TO THE TIME WORKED IN EXCESS OF 4 HOURS. SUCH EMPLOYEE IS NOT ENTITLED TO COMPENSATORY TIME FOR WORK WHICH MAY BE PERFORMED ON SATURDAY IN EXCESS OF 4 HOURS. GEN. 496: (A) WHERE AN EMPLOYEE WORKS A REGULAR NUMBER OF HOURS ON ALL 6 WORKING DAYS OF THE WEEK THE SATURDAY HALF HOLIDAY APPLIES AND AN EMPLOYEE WHO WORKS MORE THAN 4 HOURS ON SATURDAY UNDER THESE CONDITIONS IS ENTITLED TO COMPENSATORY TIME EQUIVALENT TO THE TIME WORKED IN EXCESS OF 4 HOURS.

A-49934, JULY 17, 1933, 13 COMP. GEN. 17

SATURDAY HALF HOLIDAY - 30-HOUR WEEK WHERE AN EMPLOYEE WORKS A REGULAR NUMBER OF HOURS ON ALL 6 WORKING DAYS OF THE WEEK THE SATURDAY HALF HOLIDAY APPLIES AND AN EMPLOYEE WHO WORKS MORE THAN 4 HOURS ON SATURDAY UNDER THESE CONDITIONS IS ENTITLED TO COMPENSATORY TIME EQUIVALENT TO THE TIME WORKED IN EXCESS OF 4 HOURS. WHERE AN EMPLOYEE WORKS IRREGULARLY ON NO FIXED SCHEDULE, COMPENSATORY TIME CANNOT BE ALLOWED FOR TIME WORKED ON SATURDAY IN EXCESS OF 4 HOURS. WHERE AN EMPLOYEE WORKS ON A REGULAR SCHEDULE ON 5 DAYS OF THE WEEK OR LESS, FOR A TOTAL OF 30 HOURS PER WEEK, E.G; FOR FIVE 6-HOUR DAYS, THREE 10-HOUR DAYS, OR THREE 8-HOUR AND ONE 6-HOUR DAYS, SUCH EMPLOYEE IS NOT ENTITLED TO COMPENSATORY TIME FOR WORK WHICH MAY BE PERFORMED ON SATURDAY IN EXCESS OF 4 HOURS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 17, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 10, 1933, AS FOLLOWS:

IN CONSIDERATION OF QUESTIONS ARISING IN THE APPLICATION OF THE 30 HOUR WEEK TO WORKS OF THE ENGINEER DEPARTMENT, THIS DEPARTMENT DRAWS THE FOLLOWING CONCLUSIONS FROM YOUR DECISION OF SEPTEMBER 17, 1932, A 44410, 12 COMP. GEN. 359, AND FROM DECISION A-36336, OF APRIL 29, 1931, 10 COMP. GEN. 496:

(A) WHERE AN EMPLOYEE WORKS A REGULAR NUMBER OF HOURS ON ALL 6 WORKING DAYS OF THE WEEK THE SATURDAY HALF HOLIDAY APPLIES AND AN EMPLOYEE WHO WORKS MORE THAN 4 HOURS ON SATURDAY UNDER THESE CONDITIONS IS ENTITLED TO COMPENSATORY TIME EQUIVALENT TO THE TIME WORKED IN EXCESS OF 4 HOURS.

(B) WHERE AN EMPLOYEE WORKS IRREGULARLY ON NO FIXED SCHEDULE, COMPENSATORY TIME CANNOT BE ALLOWED FOR TIME WORKED ON SATURDAY IN EXCESS OF 4 HOURS.

(C) WHERE AN EMPLOYEE WORKS ON A REGULAR SCHEDULE ON 5 DAYS OF THE WEEK OR LESS, FOR A TOTAL OF 30 HOURS PER WEEK, E.G; FOR FIVE 6-HOUR DAYS, THREE 10-HOUR DAYS, OR THREE 8-HOUR AND ONE 6-HOUR DAY, SUCH EMPLOYEE IS NOT ENTITLED TO COMPENSATORY TIME FOR WORK WHICH MAY BE PERFORMED ON SATURDAY IN EXCESS OF 4 HOURS.

CONFIRMATION OR CORRECTION OF THE UNDERSTANDING OF THIS DEPARTMENT IS REQUESTED.

THE CONCLUSIONS STATED IN PARAGRAPHS (A), (B), AND (C) ARE CORRECT. REFERRING TO PARAGRAPH (C), IT MAY BE STATED THAT IF ANY STATUTE OR ADMINISTRATIVE REGULATION ISSUED PURSUANT TO STATUTE, LIMITING THE HOURS OF LABOR TO 30 PER WEEK, IS APPLIED SO AS TO REQUIRE WORK ON LESS THAN 6 DAYS PER WEEK, 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 HAVE NO APPLICATION. SEE GENERALLY QUESTION AND ANSWER 8, DECISION OF JULY 8, 1932, 12 COMP. GEN. 11, 15, AND 12 COMP. GEN. 30.