A-60747, APRIL 12, 1935, 14 COMP. GEN. 761

A-60747: Apr 12, 1935

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IS PAYABLE TO EMPLOYEES OF THE NAVY YARDS SUBJECT TO THE ACT. WHETHER OR NOT WORK WAS PERFORMED ON THE HOLIDAY. WHOSE REGULAR TOUR OF DUTY IS 8 HOURS PER DAY. (40 HOURS PER WEEK) WERE ORDERED TO PERFORM 8 HOURS WORK ON SATURDAY. THEY WOULD HAVE RECEIVED 48 HOURS PAY AS FOR THEIR 40 HOUR WORK WEEK. THEY WOULD HAVE BEEN PAID AT THEIR STRAIGHT TIME RATE FOR THE ADDITIONAL 8 HOURS WORKED AND WOULD THEREFORE HAVE RECEIVED 56 HOURS PAY FOR THE WEEK. THEIR TOTAL TIME ACTUALLY WORKED DURING THIS CALENDAR WEEK IS 40 HOURS. SINCE THESE MEN WERE WORKED ON SATURDAY INSTEAD OF ON THE HOLIDAY. ARE THEY ENTITLED TO PAY AT THE RATE OF 150 PERCENT OF THEIR REGULAR PER DIEM RATE FOR THE WORK SO PERFORMED.

A-60747, APRIL 12, 1935, 14 COMP. GEN. 761

40-HOUR WEEK - NAVY YARD EMPLOYEES - OVERTIME COMPENSATION OVERTIME COMPENSATION AT THE RATE OF TIME AND ONE-HALF, COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, IS PAYABLE TO EMPLOYEES OF THE NAVY YARDS SUBJECT TO THE ACT, FOR TIME WORKED IN EXCESS OF THEIR REGULAR TOUR OF DUTY OF 40 HOURS IN ANY ONE WEEK WHICH INCLUDED A LEGAL HOLIDAY, WHETHER OR NOT WORK WAS PERFORMED ON THE HOLIDAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 12, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 6, 1935, AS FOLLOWS:

THE FOLLOWING QUESTION HAS ARISEN UNDER SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, PASSED MARCH 28, 1934.

CERTAIN SPECIALLY TRAINED MECHANICS AT THE NAVY YARD, BOSTON, MASS., WHOSE REGULAR TOUR OF DUTY IS 8 HOURS PER DAY, MONDAYS TO FRIDAYS, INCLUSIVE, (40 HOURS PER WEEK) WERE ORDERED TO PERFORM 8 HOURS WORK ON SATURDAY, FEBRUARY 23RD, 1935. THESE MEN DID NOT WORK ON THE LEGAL HOLIDAY, FRIDAY, FEBRUARY 22ND. HAD THEY NOT BEEN CALLED TO WORK ON SATURDAY, FEBRUARY 23RD, THEY WOULD HAVE RECEIVED 48 HOURS PAY AS FOR THEIR 40 HOUR WORK WEEK; 32 HOURS ACTUALLY WORKED MONDAY TO THURSDAY, INCLUSIVE; PLUS THE GRATUITY PAY FOR THE HOLIDAY. IF, INSTEAD OF WORKING ON THIS SATURDAY, THEY HAD WORKED ON FRIDAY, THE HOLIDAY, IN ACCORDANCE WITH YOUR DECISION TO THE SECRETARY OF THE NAVY, OF MAY 19, 1934, (A- 54807), THEY WOULD HAVE BEEN PAID AT THEIR STRAIGHT TIME RATE FOR THE ADDITIONAL 8 HOURS WORKED AND WOULD THEREFORE HAVE RECEIVED 56 HOURS PAY FOR THE WEEK.

HAVING HAD THEIR HOLIDAY ON FRIDAY, FEBRUARY 22, 1935, WITH GRATUITY PAY, AND HAVING BEEN CALLED BACK TO WORK 8 HOURS ON SATURDAY, FEBRUARY 23, 1935, THEIR TOTAL TIME ACTUALLY WORKED DURING THIS CALENDAR WEEK IS 40 HOURS, THE SAME AS THOUGH THEY HAD WORKED ON THE HOLIDAY AND NOT ON THE SATURDAY.

SINCE THESE MEN WERE WORKED ON SATURDAY INSTEAD OF ON THE HOLIDAY, ARE THEY ENTITLED TO PAY AT THE RATE OF 150 PERCENT OF THEIR REGULAR PER DIEM RATE FOR THE WORK SO PERFORMED, OR A TOTAL FOR THE WEEK EQUAL TO 60 HOURS STRAIGHT TIME, (A) BECAUSE WORK ON THIS DAY WAS OUTSIDE THEIR REGULAR TOUR OF DUTY, MONDAY TO FRIDAY, OR (B), BECAUSE THE HOLIDAY COMPLETED 40 HOURS TIME FOR THE WEEK AND THEREFORE THE WORK ON SATURDAY IS TO BE CONSIDERED OVERTIME?

LEGAL HOLIDAYS FALLING ON ONE OF THE FIVE DAYS CONSTITUTING THE REGULAR TOUR OF DUTY OF EMPLOYEES SUBJECT TO THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK, ARE TO BE REGARDED AS A PART OF THE 40-HOUR WEEK, WHETHER OR NOT WORK IS ACTUALLY PERFORMED ON THE HOLIDAY. 13 COMP. GEN. 295; ID. 370; ID. 444. IF NO WORK IS PERFORMED ON THE HOLIDAY, PER DIEM EMPLOYEES ARE ENTITLED TO THEIR REGULAR COMPENSATION. IF WORK IS PERFORMED ON THE HOLIDAY IN SUCH CASES, PER DIEM EMPLOYEES ARE ENTITLED TO TWICE THEIR REGULAR COMPENSATION.

IN THIS CASE, THEREFORE, FRIDAY, FEBRUARY 22, COMPLETED THE REGULAR TOUR OF DUTY OF THESE NAVY YARD EMPLOYEES FOR THE WEEK BEGINNING WITH SUNDAY, FEBRUARY 17, AND ENDING WITH SATURDAY, FEBRUARY 23, IT BEING UNDERSTOOD THERE WAS NO CHANGE IN THE REGULAR TOUR OF DUTY OF THE EMPLOYEES FOR THAT ONE WEEK. HENCE, WORK ON SATURDAY, FEBRUARY 23, WAS OVERTIME FOR WHICH COMPENSATION IS PAYABLE UNDER THE TERMS OF THE 40 HOUR WEEK STATUTORY PROVISIONS, SUPRA, AT THE RATE OF TIME AND ONE HALF COMPUTED ON THE BASIS OF THE REGULAR INCREASED HOURLY RATE REQUIRED BY SAID STATUTE.

REFERRING TO YOUR CONCLUDING PARAGRAPH, THESE EMPLOYEES ARE NOT ENTITLED TO COMPENSATION FOR SAID WEEK ON THE BASIS OF 60 HOURS' STRAIGHT TIME BUT ON THE BASIS OF 52 HOURS' STRAIGHT TIME COMPUTED AT THE INCREASED RATE AUTHORIZED BY THE 40-HOUR WEEK STATUTORY PROVISION, THAT IS, 40 HOURS ON 5 DAYS, MONDAY TO FRIDAY, INCLUSIVE, AND 12 HOURS (TIME AND ONE-HALF FOR 8 HOURS) OVERTIME COMPENSATION FOR SATURDAY.