A-50630, AUGUST 25, 1933, 13 COMP. GEN. 57

A-50630: Aug 25, 1933

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE SATURDAY HALF HOLIDAY LAW WOULD HAVE NO APPLICATION FOR WORK ON SATURDAY IN EXCESS OF 4 HOURS. IV (A) EMPLOYEES ARE FROM MONDAY TO FRIDAY. SATURDAY IS CONSIDERED A NONWORK DAY THE SAME AS SUNDAY. SUCH EMPLOYEES ARE REQUIRED TO WORK ON ANY FIVE DAY WEEK BUT NO EMPLOYEE IS REQUIRED TO WORK MORE THAN FIVE WORKING DAYS OUT OF SEVEN CONSECUTIVE CALENDAR DAYS. YOUR DECISION IS REQUESTED AS TO WHETHER A PER DIEM. WHO IS REQUIRED TO WORK ON SATURDAY AS ONE OF THE FIVE WORK DAYS. IS ENTITLED TO COMPENSATORY TIME FOR WORK WHICH HE MAY PERFORM ON SATURDAY IN EXCESS OF FOUR HOURS. IS APPLIED SO AS TO REQUIRE WORK ON LESS THAN 6 DAYS PER WEEK. WOULD HAVE NO APPLICATION. IT WAS HELD AS FOLLOWS: THE 5-DAY WEEK IS GENERALLY CONSIDERED TO BE FROM MONDAY TO FRIDAY.

A-50630, AUGUST 25, 1933, 13 COMP. GEN. 57

SATURDAY HALF HOLIDAY - 5-DAY WEEK WHERE AN EMPLOYEE WORKS ON A REGULAR SCHEDULE OF ONLY 5 DAYS PER WEEK, THE ADMINISTRATIVE OFFICE MAY, DUE TO THE EXIGENCIES OF THE SERVICE, INCLUDE SATURDAY AS ONE OF THE 5 WORKING DAYS OF THE WEEK, AND THE SATURDAY HALF HOLIDAY LAW WOULD HAVE NO APPLICATION FOR WORK ON SATURDAY IN EXCESS OF 4 HOURS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 25, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 17, 1933, AS FOLLOWS:

A FIVE-DAY WORK WEEK HAS BEEN ESTABLISHED GENERALLY THROUGHOUT THE FIELD SERVICE OF THE NAVY DEPARTMENT AND THE U.S. MARINE CORPS. THE NORMAL WORK DAYS OF SEVEN AND EIGHT HOURS EACH FOR GROUP IV (B) EMPLOYEES AND EIGHT HOURS FOR GROUPS I, II, III, AND IV (A) EMPLOYEES ARE FROM MONDAY TO FRIDAY, INCLUSIVE. SATURDAY IS CONSIDERED A NONWORK DAY THE SAME AS SUNDAY. WHERE THE SERVICE OF EMPLOYEES CANNOT BE SPARED ON SATURDAY, SUCH EMPLOYEES ARE REQUIRED TO WORK ON ANY FIVE DAY WEEK BUT NO EMPLOYEE IS REQUIRED TO WORK MORE THAN FIVE WORKING DAYS OUT OF SEVEN CONSECUTIVE CALENDAR DAYS.

IN VIEW OF YOUR DECISION OF JULY 17, 1933, TO THE SECRETARY OF WAR, A- 49934, YOUR DECISION IS REQUESTED AS TO WHETHER A PER DIEM, PER ANNUM, OR PER MONTH EMPLOYEE IN THE FIELD SERVICE OF THE NAVY DEPARTMENT WORKING ON A FIVE-DAY WEEK BASIS, WHO IS REQUIRED TO WORK ON SATURDAY AS ONE OF THE FIVE WORK DAYS, IS ENTITLED TO COMPENSATORY TIME FOR WORK WHICH HE MAY PERFORM ON SATURDAY IN EXCESS OF FOUR HOURS, UNDER 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.

THE DECISION OF JULY 17, 1933, A-49934, 13 COMP. GEN. 17, TO WHICH YOU REFER, HELD AS FOLLOWS:

* * * 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.

IN DECISION OF JULY 8, 1932, 12 COMP. GEN. 11, 15, CITED IN THE ABOVE QUOTATION, IT WAS HELD AS FOLLOWS:

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. * * *

THE SAME PRINCIPLE MAY BE APPLIED ADMINISTRATIVELY IN ADOPTING A 5 DAY WEEK GENERALLY FOR FEDERAL PERSONNEL EVEN THOUGH SECTION 101 (A) OF THE ECONOMY ACT IS NO LONGER IN FORCE. YOUR QUESTION IS ANSWERED IN THE NEGATIVE.