A-69423, MARCH 16, 1936, 15 COMP. GEN. 800

A-69423: Mar 16, 1936

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FOR WHOM NO REGULAR WORK HOURS ARE PRESCRIBED. ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3. 1936: THERE WAS RECEIVED YOUR LETTER OF DECEMBER 27. AS FOLLOWS: AT THE VARIOUS FIELD STATIONS OF THE DEPARTMENT THERE ARE EMPLOYED A NUMBER OF MEN ON INDEFINITE APPOINTMENTS BUT ON A W.A.E. THEY ARE USUALLY NEARBY FARMERS. AN EMPLOYEE WILL BE CALLED UPON OCCASIONALLY UNTIL AS THE SEASON ADVANCES HIS SERVICES BECOME CONTINUOUS. WHEN THE SERVICES ARE INTERMITTENT OR OCCASIONAL. ONLY ACCOMPLISHES MERELY THAT THE EMPLOYEE IS NOT CALLED UPON FOR DUTY ON SATURDAY. IT WOULD APPEAR THAT WHERE SERVICES HAVE BEEN PERFORMED. ARE ENTITLED TO A FULL DAY'S PAY ON SATURDAY FOR FOUR HOURS' LABOR. THE MATTER IS SUBMITTED TO YOU FOR YOUR DETERMINATION.

A-69423, MARCH 16, 1936, 15 COMP. GEN. 800

SATURDAY HALF-HOLIDAYS - PART-TIME AND INTERMITTENT EMPLOYEES EMPLOYEES ENGAGED AT FIELD STATIONS OF THE DEPARTMENT OF AGRICULTURE ON A "WHEN ACTUALLY EMPLOYED" BASIS, FOR WHOM NO REGULAR WORK HOURS ARE PRESCRIBED, ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, GRANTING SATURDAY HALF-HOLIDAYS TO CERTAIN GOVERNMENT EMPLOYEES, NOTWITHSTANDING SOME OF THESE EMPLOYEES MAY AT TIMES WORK CONTINUOUSLY FOR A WEEK OR MORE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, MARCH 16, 1936:

THERE WAS RECEIVED YOUR LETTER OF DECEMBER 27, 1935, AS FOLLOWS:

AT THE VARIOUS FIELD STATIONS OF THE DEPARTMENT THERE ARE EMPLOYED A NUMBER OF MEN ON INDEFINITE APPOINTMENTS BUT ON A W.A.E. BASIS. THEY ARE USUALLY NEARBY FARMERS. DURING CERTAIN SEASONS OF THE YEAR THEIR SERVICES MAY BE CONTINUOUS, BUT AS THE SEASON ADVANCES THE DEPARTMENT REQUIRES THE SERVICES OF THESE MEN ONLY OCCASIONALLY. ONE OF THESE WORKERS MAY BE EMPLOYED ON MONDAY AND NOT REQUIRED AGAIN UNTIL POSSIBLY FRIDAY OR SATURDAY. THIS OCCASIONAL APPOINTMENT GRADUALLY BECOMES INTERMITTENT UNTIL IT CEASES IN THE WINTER MONTHS. AGAIN, IN THE SPRING, AN EMPLOYEE WILL BE CALLED UPON OCCASIONALLY UNTIL AS THE SEASON ADVANCES HIS SERVICES BECOME CONTINUOUS.

DURING EARLY SPRING AND LATE FALL, WHEN THE SERVICES ARE INTERMITTENT OR OCCASIONAL, TO REQUIRE THAT THE EMPLOYEE BE PAID A FULL DAY ON SATURDAY WITH FOUR HOURS' WORK, ONLY ACCOMPLISHES MERELY THAT THE EMPLOYEE IS NOT CALLED UPON FOR DUTY ON SATURDAY. WHERE AN EMPLOYEE HAS ONLY WORKED ONE OR TWO DAYS DURING THE WEEK, IT DOES NOT SEEM REASONABLE TO PAY A FULL DAY ON SATURDAY FOR FOUR HOURS' WORK. ON THE OTHER HAND, IT WOULD APPEAR THAT WHERE SERVICES HAVE BEEN PERFORMED, CONTINUOUSLY FROM MONDAY ON, THE EMPLOYEES, UNDER DECISIONS OF YOUR OFFICE, ARE ENTITLED TO A FULL DAY'S PAY ON SATURDAY FOR FOUR HOURS' LABOR.

AS NO DECISION OF YOUR OFFICE SEEMS TO COVER THE SITUATION AS ABOVE OUTLINED, THE MATTER IS SUBMITTED TO YOU FOR YOUR DETERMINATION.

IN DECISION OF MAY 9, 1931, 10 COMP. GEN. 518, IT WAS HELD AS FOLLOWS, QUOTING FROM THE SYLLABUS:

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, ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, GRANTING SATURDAY HALF HOLIDAYS TO CERTAIN GOVERNMENT EMPLOYEES.

THE FACT THAT THESE EMPLOYEES, MOSTLY FARMERS, ARE EMPLOYED ON A "WHEN ACTUALLY EMPLOYED" BASIS, FOR WHOM IT IS UNDERSTOOD NO REGULAR HOURS ARE PRESCRIBED, BRINGS THEM WITHIN THE RULE THUS STATED. WHILE SOME OF THE EMPLOYEES MAY AT TIMES WORK CONTINUOUSLY FOR A WEEK OR MORE, SUCH CONTINUOUS EMPLOYMENT IS ONLY INCIDENTAL AND DOES NOT ESTABLISH A STATUS ENTITLING THEM TO THE BENEFITS OF THE SATURDAY HALF HOLIDAY LAW.