A-60383, MARCH 18, 1935, 14 COMP. GEN. 697

A-60383: Mar 18, 1935

Additional Materials:

Contact:

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

 

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

SATURDAY HALF HOLIDAYS - PER DIEM EMPLOYEES AN EMPLOYEE WHOSE COMPENSATION IS AUTHORIZED BY LAW TO BE PAID ON A PER DIEM BASIS. IS ENTITLED TO A DAY'S COMPENSATION FOR FOUR HOURS WORK ON SATURDAY UNDER THE SATURDAY HALF HOLIDAY LAW OF MARCH 3. WHICH STATUTORY RIGHT MAY NOT BE DEFEATED BY A PROVISION IN THE APPOINTMENT THAT COMPENSATION WILL BE PAYABLE ONLY "WHEN ACTUALLY EMPLOYED.' 10 COMP. IT APPEARING THAT THE ADMINISTRATIVE OFFICE WITHHELD SAID AMOUNT FROM HIS TOTAL COMPENSATION FOR SAID SATURDAYS ON THE ASSUMPTION THAT HE WAS NOT ENTITLED TO THE BENEFITS OF THE SATURDAY HALF-HOLIDAY LAW. THAT IS TO SAY. HE WORKED ONLY 4 HOURS ON THE SATURDAYS IN QUESTION BUT INSTEAD OF BEING ALLOWED A FULL DAY'S PAY THEREFOR HE WAS ALLOWED ONLY FOUR-SEVENTHS OF A DAY'S PAY.

A-60383, MARCH 18, 1935, 14 COMP. GEN. 697

SATURDAY HALF HOLIDAYS - PER DIEM EMPLOYEES AN EMPLOYEE WHOSE COMPENSATION IS AUTHORIZED BY LAW TO BE PAID ON A PER DIEM BASIS, ENGAGED FULL TIME FOR AN INDEFINITE PERIOD, IS ENTITLED TO A DAY'S COMPENSATION FOR FOUR HOURS WORK ON SATURDAY UNDER THE SATURDAY HALF HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482, WHICH STATUTORY RIGHT MAY NOT BE DEFEATED BY A PROVISION IN THE APPOINTMENT THAT COMPENSATION WILL BE PAYABLE ONLY "WHEN ACTUALLY EMPLOYED.' 10 COMP. GEN. 464; ID. 496; ID. 518; DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION, MARCH 18, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 25, 1935, RELATIVE TO THE CLAIM OF WILLIAM T. PARTRIDGE, EMPLOYED AS ARCHITECTURAL CONSULTANT BY THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION FOR$197.13 REPRESENTING SHORT PAYMENTS OF THREE-SEVENTHS OF A DAY'S COMPENSATION FOR 20 SATURDAYS DURING THE PERIOD MARCH 16 TO SEPTEMBER 15, 1934, IT APPEARING THAT THE ADMINISTRATIVE OFFICE WITHHELD SAID AMOUNT FROM HIS TOTAL COMPENSATION FOR SAID SATURDAYS ON THE ASSUMPTION THAT HE WAS NOT ENTITLED TO THE BENEFITS OF THE SATURDAY HALF-HOLIDAY LAW. THAT IS TO SAY, HE WORKED ONLY 4 HOURS ON THE SATURDAYS IN QUESTION BUT INSTEAD OF BEING ALLOWED A FULL DAY'S PAY THEREFOR HE WAS ALLOWED ONLY FOUR-SEVENTHS OF A DAY'S PAY. HIS EMPLOYMENT AT A PER DIEM RATE IS SPECIFICALLY AUTHORIZED BY SECTION 1 (B) OF THE ACT OF JUNE 6, 1924, AS AMENDED BY THE ACT OF APRIL 30, 1926, 44 STAT. 375.

IT IS ADMINISTRATIVELY REPORTED THAT CLAIMANT IS EMPLOYED UNDER APPOINTMENT MADE IN PERSONNEL ORDER NO. 19, DATED JULY 20, 1931, THE FIRST ITEM OF WHICH IS AS FOLLOWS:

1. WILLIAM T. PARTRIDGE IS REAPPOINTED AS ARCHITECTURAL CONSULTANT AT $25 PER DIEM, WHILE ACTUALLY EMPLOYED, U.S. ROLL, EFFECTIVE JULY 1, 1931.

HE HAD PREVIOUSLY BEEN EMPLOYED UNDER SIMILAR APPOINTMENTS.

THE ACT OF MARCH 3, 1931, 46 STAT. 1482, PROVIDES IN PART AS FOLLOWS:

THAT ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, FOUR HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAY'S WORK ON SATURDAYS THROUGHOUT THE YEAR, WITH PAY OR EARNINGS FOR THE DAY THE SAME AS ON OTHER DAYS WHEN FULL TIME IS WORKED, FOR ALL CIVIL EMPLOYEES OF THE FEDERAL GOVERNMENT AND THE DISTRICT OF COLUMBIA, EXCLUSIVE OF EMPLOYEES OF THE POSTAL SERVICE, EMPLOYEES OF THE PANAMA CANAL ON THE ISTHMUS, AND EMPLOYEES OF THE INTERIOR DEPARTMENT IN THE FIELD, WHETHER ON THE HOURLY, PER DIEM, PER ANNUM, PIECEWORK, OR OTHER BASIS: * * *

THIS STATUTE SPECIFICALLY PROVIDES THAT 4 HOURS, EXCLUSIVE OF TIME FOR LUNCHEON, SHALL CONSTITUTE A DAY'S WORK ON SATURDAY. THAT IS, 4 HOURS WORK ON SATURDAY ENTITLES TO A DAY'S COMPENSATION IN THE SAME MANNER AS WORK FOR THE REGULAR NUMBER OF HOURS--- 7, 8, OR MORE--- ON OTHER WORKING DAYS OF THE WEEK. PER DIEM EMPLOYEES ARE SPECIFICALLY INCLUDED WITHIN THE TERMS OF THE LAW. HENCE A PER DIEM EMPLOYEE ENGAGED FOR AN INDEFINITE PERIOD, WORKING 4 HOURS ON SATURDAY, IS ENTITLED TO A DAY'S COMPENSATION. THE FACT THAT THE APPOINTMENT OF A PER DIEM EMPLOYEE ENGAGED TO PERFORM CONTINUOUS SERVICE FOR AN INDEFINITE PERIOD SPECIFIES THAT THE COMPENSATION IS PAYABLE ONLY "WHEN ACTUALLY EMPLOYED," DOES NOT PRECLUDE THE EMPLOYEE FROM RECEIVING THE BENEFITS OF THE SATURDAY HALF-HOLIDAY LAW, IF OTHERWISE ENTITLED THERETO, THAT IS, IF HE REGULARLY WORKS EVERY WORKDAY INCLUDING 4 HOURS ON SATURDAY. DECISION OF SEPTEMBER 2, 1932, A 43908. THIS CASE IS TO BE DISTINGUISHED FROM THE CASE OF EMPLOYEES FOR WHOM NO REGULAR HOURS OF WORK ARE FIXED, WHOSE EMPLOYMENT IS PART TIME OR INTERMITTENT, AND WHO ARE PAID BY THE HOUR FOR THE TIME ACTUALLY WORKED. SUCH EMPLOYEES HAVE BEEN HELD NOT ENTITLED TO THE BENEFITS OF THE SATURDAY HALF-HOLIDAY LAW. 10 COMP. GEN. 464; ID. 496; ID. 518.

YOU ARE ADVISED, THEREFORE, THAT SETTLEMENT WILL ISSUE BY THIS OFFICE IN FAVOR OF THE CLAIMANT IN THE AMOUNT OF $197.13, REPRESENTING SHORT PAYMENTS OF THREE-SEVENTHS OF A DAY'S COMPENSATION FOR 20 SATURDAYS DURING THE PERIOD MARCH 24 TO SEPTEMBER 15, 1934, INCLUSIVE, LESS ECONOMY ACT DEDUCTIONS. IT APPEARS THAT CLAIM HAS NOT BEEN FILED FOR 7 SATURDAYS DURING SAID PERIOD, PRESUMABLY FOR THE REASON THAT 4 HOURS' WORK WAS NOT PERFORMED ON THOSE DAYS, VIZ, MARCH 17, MAY 19, AND 26, JUNE 9, JULY 7, 21, AND 28, 1934.

IF, UNDER THE RULES STATED IN THIS DECISION, THIS EMPLOYEE HAS BEEN SHORT PAID FOR ANY SATURDAYS SUBSEQUENT TO SEPTEMBER 15, 1934, ON WHICH AT LEAST 4 HOURS' WORK WAS PERFORMED, THE AMOUNT OF SUCH SHORT PAYMENTS MAY BE PAID WITH HIS CURRENT PAY, REFERENCE BEING MADE TO THIS DECISION ON THE PAY ROLL OR VOUCHER SHOWING THE PAYMENT OF BACK COMPENSATION.