A-67573, NOVEMBER 29, 1935, 15 COMP. GEN. 453

A-67573: Nov 29, 1935

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EXCEPT WHERE THE RATE IS PREVIOUSLY ADJUSTED BY NOT TO EXCEED 10 PERCENT AS AUTHORIZED BY SAID ORDER. WHICH WERE IN EXCESS OF THE "SCHEDULE OF MONTHLY EARNINGS" PRESCRIBED IN THE EXECUTIVE ORDER. HE WILL BE PAID PROPORTIONATELY. REFERENCE IS MADE TO VOUCHERS 0746 AND 01552. WHOSE MONTHLY EARNINGS OR SECURITY WAGE WAS FIXED PURSUANT TO THE EXECUTIVE ORDER AT $55 PER MONTH FOR 130 HOURS. YET WHO WAS ACTUALLY PAID ON SAID ROLLS $28.56 FOR 67 1/2 HOURS DURING PERIOD AUGUST 7 TO 21 AND $29.83 FOR 67 1/2 HOURS DURING PERIOD AUGUST 22 TO SEPTEMBER 6. IT IS ESTIMATED FROM THE ACCOUNTS SO FAR RECEIVED THAT APPROXIMATELY 200. 000 SIMILAR ITEMS ARE QUESTIONABLE FOR THE SAME REASON. WHICH ARE INTENDED AS MAXIMUM PAYMENTS.

A-67573, NOVEMBER 29, 1935, 15 COMP. GEN. 453

COMPENSATION - SECURITY WAGES OR EARNINGS - WORKS PROGRESS ADMINISTRATION PROJECTS RELIEF WORKERS ENGAGED ON WORKS PROGRESS ADMINISTRATION PROJECTS MAY NOT BE PERMITTED TO WORK IN EXCESS OF THE NUMBER OF HOURS PRESCRIBED PURSUANT TO EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, EXCEPT AS AUTHORIZED THEREIN, NOR MAY PAYMENTS BE MADE TO THEM COVERING TWO FULL CONSECUTIVE SEMIMONTHLY PAY PERIODS, COMMENCING WITH THE FIRST TWO FULL PAY PERIODS ON THE PROJECT, IN EXCESS OF THE SECURITY WAGE RATES FIXED IN "SCHEDULE OF MONTHLY EARNINGS" PRESCRIBED BY SAID EXECUTIVE ORDER FOR THE PARTICULAR OCCUPATION AND LOCALITY, EXCEPT WHERE THE RATE IS PREVIOUSLY ADJUSTED BY NOT TO EXCEED 10 PERCENT AS AUTHORIZED BY SAID ORDER, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, NOVEMBER 29, 1935:

IN THE AUDIT OF THE ACCOUNTS OF JAMES GALLAGHER, SYMBOL 63-01-30, WORKS PROGRESS ADMINISTRATION, NEW YORK CITY, FOR THE TWO PERIODS AUGUST 7 TO 21, AND AUGUST 22 TO SEPTEMBER 6, 1935, IT APPEARS THAT SOME RELIEF WORKERS RECEIVED SECURITY WAGES OR EARNINGS, COMPUTED AND PAID UNDER EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, FOR THE ACTUAL HOURS WORKED, WHICH WERE IN EXCESS OF THE "SCHEDULE OF MONTHLY EARNINGS" PRESCRIBED IN THE EXECUTIVE ORDER.

WORKS PROGRESS ADMINISTRATION BULLETIN NO. 8, REVISION A, OF AUGUST 6, 1935, PROVIDES THAT A STANDARD NUMBER OF HOURS SHALL BE ASSIGNED FOR EACH PROJECT DURING EACH SEMIMONTHLY PAY PERIOD TO BE DETERMINED ON THE BASIS OF THE NUMBER OF WORKING DAYS FALLING WITHIN THE PERIOD AND THE NORMAL NUMBER OF HOURS PER WORKING DAY. THE BULLETIN FURTHER PROVIDES THAT IN CASE AN EMPLOYEE HAS WORKED MORE THAN THE STANDARD NUMBER OF HOURS ASSIGNED TO THE SEMIMONTHLY PERIOD, HE WILL BE PAID PROPORTIONATELY. SECTION 4 OF THE BULLETIN ALSO PROVIDES AS FOLLOWS:

BOTH THE TOTAL HOURS ASSIGNED AND THE WAGES OF A WORKER FOR ANY UNIT OF TWO SEMIMONTHLY PAY PERIODS MUST CONFORM TO THE PRESCRIBED LIMITATIONS. IN APPLYING THESE LIMITATIONS, THE FIRST TWO SEMIMONTHLY PERIODS SHALL BE TREATED AS ONE UNIT AND EACH TWO SUCCEEDING PERIODS AS INDEPENDENT UNITS.

AS AN EXAMPLE OF MANY SIMILAR EXCESS PAYMENTS, REFERENCE IS MADE TO VOUCHERS 0746 AND 01552, PAY ROLLS FOR THE TWO SEMIMONTHLY PAY PERIODS ABOVE STATED COVERING PROJECT NO. 65-97-126, CASE OF PAUL OLIVER, HANDYMAN, WHOSE MONTHLY EARNINGS OR SECURITY WAGE WAS FIXED PURSUANT TO THE EXECUTIVE ORDER AT $55 PER MONTH FOR 130 HOURS, YET WHO WAS ACTUALLY PAID ON SAID ROLLS $28.56 FOR 67 1/2 HOURS DURING PERIOD AUGUST 7 TO 21 AND $29.83 FOR 67 1/2 HOURS DURING PERIOD AUGUST 22 TO SEPTEMBER 6, 1935, A TOTAL OF $58.39 FOR 135 HOURS, OR $3.39 (AS FOR 5 HOURS) IN EXCESS OF THE MONTHLY EARNINGS AUTHORIZED BY THE EXECUTIVE ORDER. IT IS ESTIMATED FROM THE ACCOUNTS SO FAR RECEIVED THAT APPROXIMATELY 200,000 SIMILAR ITEMS ARE QUESTIONABLE FOR THE SAME REASON.

THE EXECUTIVE ORDER FIXES A MONTHLY SECURITY WAGE OR EARNINGS, WHICH ARE INTENDED AS MAXIMUM PAYMENTS, AND PRESCRIBES THE BASIS FOR FIXING THE MAXIMUM NUMBER OF HOURS OF WORK TO BE PERFORMED. THERE IS NO PROVISION FOR PAYMENT OF EXCESS MONTHLY EARNINGS IN INDIVIDUAL CASES OR GENERALLY, AND IT WOULD BE CONTRARY TO THE PURPOSE AND INTENT OF THE CONGRESS AND THE PRESIDENT, VIZ, THE SPREADING OF EMPLOYMENT WITH AVAILABLE FUNDS TO THE GREATEST POSSIBLE NUMBER OF UNEMPLOYED. THE ADMINISTRATIVE PERMITTING OF EXCESS MONTHLY EARNINGS IS NOT AUTHORIZED BY THE EXECUTIVE ORDER.

IT IS UNDERSTOOD, ALSO, THAT MONTHLY EARNINGS PRESCRIBED BY THE EXECUTIVE ORDER FOR PARTICULAR OCCUPATIONS HAVE BEEN EXCEEDED BY MORE THAN THE 10 PERCENT AUTHORIZED IN THIS ORDER, AS AMENDED BY EXECUTIVE ORDER NO. 7117, DATED JULY 29, 1935.

IN VIEW OF THE PURPOSE UNDERLYING THE LEGISLATION PROVIDING APPROPRIATIONS FOR CREATING JOBS FOR THE UNEMPLOYED AND THE ADOPTION OF A MONTHLY SECURITY WAGE PRESCRIBED IN THE "SCHEDULE OF MONTHLY EARNINGS," EXECUTIVE ORDER NO. 7046, AND AS THE GENERAL RULE IS THAT EMPLOYEES PAID ON A MONTHLY OR ANNUAL BASIS ARE NOT ENTITLED TO EXCESS COMPENSATION FOR ADDITIONAL WORK--- FOR PAY PERIODS BEGINNING HEREAFTER, THERE SHOULD BE NO EXCESS HOURS OF WORK PERMITTED EXCEPT AS AUTHORIZED BY PART II OF THE EXECUTIVE ORDER, AND NO PAYMENTS SHOULD BE MADE COVERING THE TWO FULL CONSECUTIVE SEMIMONTHLY PAY PERIODS, COMMENCING WITH THE FIRST TWO FULL PAY PERIODS ON THE PROJECT, IN EXCESS OF THE RATES FIXED IN THE "SCHEDULE OF MONTHLY EARNINGS" PRESCRIBED BY THE EXECUTIVE ORDER FOR THE PARTICULAR OCCUPATION AND IN THE PARTICULAR LOCALITY, EXCEPT WHERE THE RATE IS PREVIOUSLY ADJUSTED BY NOT MORE THAN 10 PERCENT AS AUTHORIZED BY THE EXECUTIVE ORDER. PAYMENTS FOR FRACTIONAL PERIODS SHOULD BE PROPORTIONATELY ON THE SAME BASIS. AUDIT ACTION BY THIS OFFICE WILL BE TAKEN ACCORDINGLY.