A-61311, JUNE 18, 1935, 14 COMP. GEN. 907

A-61311: Jun 18, 1935

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THE OVERTIME FOR WHICH COMPENSATION AT THE RATE OF TIME AND ONE-HALF TIME IS AUTHORIZED BY SECTION 23. HAS REFERENCE TO TIME IN EXCESS OF 40 HOURS A WEEK DURING WHICH THE EMPLOYEE IS ENGAGED IN LABOR. NO LABOR IS PERFORMED DURING PERIODS OF TRAVEL BETWEEN DUTY STATIONS AND HEADQUARTERS AND ACCORDINGLY DURING OFFICIAL TRAVEL TIME THE EMPLOYEE IS LIMITED TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS PER DAY. INCLUSIVE) AND IS PAID ON AN HOURLY BASIS BE REQUIRED TO TRAVEL ON SATURDAYS AND SUNDAYS WITHOUT PAYMENT OF SALARY ON AN OVERTIME BASIS FOR SUCH TIME? HE COULD HAVE LEFT THOMASTON AT 5:35 AND ARRIVED IN PORTLAND. HE STATES THAT THE MOTOR BOAT IN WHICH HE TRAVELED WAS SMALL.

A-61311, JUNE 18, 1935, 14 COMP. GEN. 907

COMPENSATION - OVERTIME - 40-HOUR WEEK NO PER DIEM IN LIEU OF SUBSISTENCE OR OTHER TRAVEL EXPENSES ACCRUE TO AN EMPLOYEE DURING THE PERIOD OF A STOP-OVER FOR PERSONAL REASONS WHILE OTHERWISE IN A TRAVEL STATUS. THE OVERTIME FOR WHICH COMPENSATION AT THE RATE OF TIME AND ONE-HALF TIME IS AUTHORIZED BY SECTION 23, OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK, HAS REFERENCE TO TIME IN EXCESS OF 40 HOURS A WEEK DURING WHICH THE EMPLOYEE IS ENGAGED IN LABOR. NO LABOR IS PERFORMED DURING PERIODS OF TRAVEL BETWEEN DUTY STATIONS AND HEADQUARTERS AND ACCORDINGLY DURING OFFICIAL TRAVEL TIME THE EMPLOYEE IS LIMITED TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS PER DAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, JUNE 18, 1935:

THERE HAS BEEN CONSIDERED THE LETTER DATED JANUARY 28, 1935, FROM THE ACTING ASSISTANT SECRETARY OF COMMERCE, FORWARDING FOR DIRECT SETTLEMENT THE CLAIM OF FREDERICK W. MORONG FOR $5.25 PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $3.50 A DAY FOR 1 1/2 DAYS ON OCTOBER 7 AND 8, 1934, AND ALSO FORWARDING FOR CONSIDERATION THE REQUEST OF THE COMMISSIONER OF LIGHTHOUSES FOR DECISION OF QUESTIONS AS FOLLOWS:

(A)CAN AN EMPLOYEE WHO REGULARLY WORKS BUT FORTY HOURS PER WEEK (EIGHT HOURS EACH DAY FROM MONDAY TO FRIDAY, INCLUSIVE) AND IS PAID ON AN HOURLY BASIS BE REQUIRED TO TRAVEL ON SATURDAYS AND SUNDAYS WITHOUT PAYMENT OF SALARY ON AN OVERTIME BASIS FOR SUCH TIME?

(B) IF NOT, SHOULD HIS PER DIEM BE ALLOWED TO CONTINUE DURING THE TIME HE INTERRUPTS HIS TRAVEL OVER WEEK ENDS?

(C) IF NOT, SHOULD TIME LOST IN THE SUCCEEDING WEEK BECAUSE OF INTERRUPTION OF HIS TRAVEL BE CHARGED TO LEAVE? USING FACTS STATED IN THE ATTACHED VOUCHER FOR EXAMPLE: IF MR. MORONG CANNOT BE REQUIRED TO TRAVEL ON SATURDAYS AND SUNDAYS WITHOUT COMPENSATION FOR TIME IN TRAVEL STATUS, SHOULD THE PERIOD FROM 7:30 A.M. (AT WHICH TIME HE REGULARLY REPORTS FOR DUTY ON WEEK DAYS) UNTIL 10:45 A.M. ON OCTOBER 8, 1934, BE CHARGED TO LEAVE?

PURSUANT TO TRAVEL ORDER DATED SEPTEMBER 25, 1934, FREDERICK W. MORONG, A MACHINIST IN THE LIGHTHOUSE SERVICE WORKING ON A 40-HOUR WEEK BASIS, MONDAY TO FRIDAY, INCLUSIVE (SEC. 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, 14 COMP. GEN. 215), LEFT HIS OFFICIAL STATION AT PORTLAND, MAINE, MONDAY, OCTOBER 1, 1934, AND ARRIVED AT MANANA ISLAND FOR REPAIR OF FOG SIGNAL, LEAVING AT 1:00 P.M., SATURDAY, OCTOBER 6, BY MOTOR BOAT FOR THOMASTON, MAINE, ARRIVING AT 3:30 P.M. HE COULD HAVE LEFT THOMASTON AT 5:35 AND ARRIVED IN PORTLAND, HIS DUTY STATION, AT 8:20 THE SAME DAY, BUT HE STATES THAT THE MOTOR BOAT IN WHICH HE TRAVELED WAS SMALL, WITH LITTLE OR NO SHELTER, AND THAT ON ACCOUNT OF A BAD RAINSTORM HE WAS DRENCHED AND VERY COLD UPON ARRIVAL AT THOMASTON, NECESSITATING A LAY-OVER AT THAT PLACE UNTIL 7:45 A.M. MONDAY, OCTOBER 8, 1934, AT WHICH TIME HE LEFT FOR PORTLAND, MAINE, ARRIVING AT 10:45 A.M. CLAIM FOR ADDITIONAL PER DIEM FOR SUNDAY, OCTOBER 7, AND MONDAY, OCTOBER 8, 1 1/2 DAYS, AMOUNTING TO $5.25, WAS DISALLOWED BY THE ADMINISTRATIVE OFFICE.

AN EMPLOYEE NECESSARILY ENGAGED IN TRAVELING ON OFFICIAL BUSINESS UNDER COMPETENT ORDERS AWAY FROM OFFICIAL DUTY STATION IS TO BE REGARDED AS IN A TRAVEL, AS WELL AS DUTY STATUS, BUT ANY INTERRUPTION FOR PERSONAL REASONS SUSPENDS SUCH DUTY AND TRAVEL STATUS. THUS THIS EMPLOYEE CONTINUED IN A TRAVEL AND DUTY STATUS UNTIL 3:30 P.M. SATURDAY, OCTOBER 6, WHICH STATUS WAS THEN INTERRUPTED FOR PERSONAL REASONS AND WAS NOT RESUMED UNTIL MONDAY AT 7:45 A.M., OCTOBER 8, BY REASON OF DEPARTURE FROM THOMASTON, MAINE.

SECTION 51 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ISSUED JANUARY 30, 1934, PROVIDES AS FOLLOWS:

DAY DEFINED.--- IN COMPUTING THE PER DIEM IN LIEU OF SUBSISTENCE FOR CONTINUOUS TRAVEL OF MORE THAN 24 HOURS THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT, AND FOR FRACTIONAL PARTS OF A DAY AT THE COMMENCEMENT OR ENDING OF SUCH CONTINUOUS TRAVEL, CONSTITUTING A TRAVEL PERIOD, ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR FRACTION THEREOF. FOR CONTINUOUS TRAVEL OF LESS THAN 24 HOURS, CONSTITUTING A TRAVEL PERIOD, SUCH PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH THE COMPLETION THEREOF, AND FOR EACH SIX-HOUR PORTION OF THE PERIOD OR FRACTION THEREOF ONE-FOURTH OF THE RATE FOR A CALENDAR DAY WILL BE ALLOWED: PROVIDED, THAT NO PER DIEM WILL BE ALLOWED WHEN THE DEPARTURE IS AFTER 8 A.M., AND THE RETURN ON THE SAME DAY IS PRIOR TO 6 P.M., OR FOR ANY ABSENCE NOT EXCEEDING THREE HOURS.

AS THE STOP-OVER FROM 3:30 P.M., SATURDAY, TO 7:45 A.M., MONDAY, WAS FOR PERSONAL REASONS THE CLAIMANT IS NOT ENTITLED TO ANY PER DIEM IN LIEU OF SUBSISTENCE BETWEEN THOSE HOURS. AS HE WAS IN A TRAVEL STATUS 15 HOURS AND 30 MINUTES SATURDAY HE WOULD BE ENTITLED TO ONLY THREE FOURTHS OF A PER DIEM FOR THAT DAY, AND FROM 7:45 A.M., TO 10:45 A.M., MONDAY, ENTITLES HIM TO AN ADDITIONAL ONE-FOURTH PER DIEM. AS HE WAS PAID A FULL PER DIEM FOR SATURDAY NOTHING ADDITIONAL IS DUE HIM.

SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK CONTAINS THE FOLLOWING PROVISO:

* * * PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE-HALF.

THE OVER-TIME FOR WHICH THE STATUTE AUTHORIZES TIME AND ONE-HALF HAS REFERENCE TO TIME IN EXCESS OF 40 HOURS PER WEEK DURING WHICH THE EMPLOYEE IS ENGAGED IN "LABOR.' DURING THE TIME THIS EMPLOYEE WAS TRAVELING BETWEEN HIS TEMPORARY DUTY STATION AND HEADQUARTERS HE WAS NOT ENGAGED IN LABOR, EVEN THOUGH IN A DUTY AS DISTINGUISHED FROM A NONPAY STATUS, AND ACCORDINGLY TIME SPENT ON SUCH TRIPS SHOULD BE ELIMINATED WHEN COMPUTING HOURS OF LABOR FOR OVER-TIME PAY PURPOSES, THE EMPLOYEE BEING ENTITLED FOR SUCH OFFICIAL TRAVEL TIME TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS IN ANY ONE DAY, TOGETHER WITH PER DIEM IN LIEU OF SUBSISTENCE, AS STATED ABOVE, EVEN THOUGH THE TIME ACTUALLY SPENT ON OFFICIAL TRAVEL MAY EXCEED 8 HOURS. MORONG WOULD NOT BE ENTITLED TO ANY COMPENSATION OR PER DIEM FOR THE TIME BETWEEN 3:30 P.M., SATURDAY, AND 7:45 A.M., MONDAY. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.