A-73037, MAY 27, 1936, 15 COMP. GEN. 1038

A-73037: May 27, 1936

Additional Materials:

Contact:

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

 

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

OR WHEN FULL TIME IS NOT WORKED. IS ON THE BASIS PROVIDED BY SECTION 6 OF THE ACT OF JUNE 30. FOR OTHER FEDERAL EMPLOYEES WHOSE COMPENSATION IS FIXED BY THE MONTH OR YEAR. SUCH EMPLOYEES ARE NOT ENTITLED TO ADDITIONAL COMPENSATION FOR OVERTIME WORK. NOR TO HAVE OVERTIME WORK COUNTED IN DETERMINING THE NUMBER OF DAYS FOR WHICH COMPENSATION IS PAYABLE FOR THE WEEK. IT IS DISCLOSED TO BE THE PRESENT PRACTICE GENERALLY TO MAKE DEDUCTIONS FROM THE COMPENSATION OF SAID EMPLOYEES. APPARENTLY THE ONLY DISTINCTION MADE BETWEEN ADMINISTRATIVE AND SUPERVISORY EMPLOYEES AND THOSE PAID THE "SECURITY WAGE" IS IN THE NONAPPLICATION OF THE MONTHLY EARNING SCHEDULE TO THE FORMER. REFERENCE IS MADE TO THE ITEMS LISTED BELOW APPEARING ON VOUCHER NO. 43838.

A-73037, MAY 27, 1936, 15 COMP. GEN. 1038

ADMINISTRATIVE AND SUPERVISORY EMPLOYEES - WORKS PROGRESS ADMINISTRATION PROJECTS - COMPENSATION AND OVERTIME THE COMPUTATION OF COMPENSATION OF SUPERVISORY AND ADMINISTRATIVE EMPLOYEES APPOINTED IN CONNECTION WITH WORKS PROGRESS ADMINISTRATION WORK PROJECTS FOR A FRACTIONAL PART OF A MONTH, OR WHEN FULL TIME IS NOT WORKED, OR WHEN PAID ON A WEEKLY BASIS, IS ON THE BASIS PROVIDED BY SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 736, FOR OTHER FEDERAL EMPLOYEES WHOSE COMPENSATION IS FIXED BY THE MONTH OR YEAR, AND SUCH EMPLOYEES ARE NOT ENTITLED TO ADDITIONAL COMPENSATION FOR OVERTIME WORK, NOR TO HAVE OVERTIME WORK COUNTED IN DETERMINING THE NUMBER OF DAYS FOR WHICH COMPENSATION IS PAYABLE FOR THE WEEK.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, MAY 27, 1936:

IN THE AUDIT OF PAY-ROLL VOUCHERS COVERING PAYMENTS TO VARIOUS ADMINISTRATIVE AND SUPERVISORY EMPLOYEES APPOINTED IN CONNECTION WITH WORK PROJECTS, IT IS DISCLOSED TO BE THE PRESENT PRACTICE GENERALLY TO MAKE DEDUCTIONS FROM THE COMPENSATION OF SAID EMPLOYEES, OR TO COMPUTE COMPENSATION FOR A FRACTIONAL PART OF A PAY PERIOD ON THE SAME BASIS AS THAT PRESCRIBED BY EXECUTIVE ORDER NO. 7046 OF MAY 20, 1935, AND REGULATIONS ISSUED THEREUNDER FOR RELIEF WORKERS RECEIVING THE "SECURITY WAGE," RATHER THAN ON THE BASIS APPLICABLE GENERALLY TO FEDERAL EMPLOYEES. IN OTHER WORDS, APPARENTLY THE ONLY DISTINCTION MADE BETWEEN ADMINISTRATIVE AND SUPERVISORY EMPLOYEES AND THOSE PAID THE "SECURITY WAGE" IS IN THE NONAPPLICATION OF THE MONTHLY EARNING SCHEDULE TO THE FORMER.

AS ILLUSTRATIVE OF THE PRACTICE INDICATED, REFERENCE IS MADE TO THE ITEMS LISTED BELOW APPEARING ON VOUCHER NO. 43838, ACCOUNTS OF J. J. GALLAGHER, SYMBOL 63-01-30, FOR THE PERIOD JANUARY 1 TO 10, 1936, COVERING PAYMENTS TO VARIOUS ADMINISTRATIVE AND SUPERVISORY EMPLOYEES ON WORKS PROGRESS ADMINISTRATION OFFICIAL PROJECT 65-97-361, TO WIT:

ON LINE 1, PAGE 1, WILLIAM ALLEN,"HEAD ENGR. SUPV., " IS SHOWN TO HAVE BEEN IN PAY STATUS 39 HOURS DURING THE WEEK ENDED DECEMBER 26, 1935, AND PAID 39/169 OF $350, OR $80.77. MONTHLY HOURS FOR PURPOSES OF COMPUTATION APPARENTLY WERE DETERMINED AS FOLLOWS: 39 (HOURS PER WEEK) TIMES 52 DIVIDED BY 12 EQUALS 169.

ON LINE 2, PAGE 2, CARMINE PERSICO,"SUPV. STENO., " IS SHOWN IN PAY STATUS 54 HOURS AND PAID 54/169 OF $115, OR $36.75.

ON LINE 31, PAGE 4, THOMAS H. BUTLER,"PAYROLL CLERK," IS SHOWN IN PAY STATUS 25 HOURS AND PAID 25/169 OF $105, OR $15.53. HE IS SHOWN TO HAVE BEEN CREDITED FOR FULL TIME IN FOUR REGULAR WORKING DAYS BETWEEN FRIDAY, DECEMBER 20, AND THURSDAY, DECEMBER 26.

PART I, ENTITLED "WAGES," OF REGULATION NO. 1, PROMULGATED BY EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, CONTAINS THE BASIS FOR MAKING DEDUCTIONS FROM THE "MONTHLY EARNINGS" FOLLOWED BY A ,SCHEDULE OF MONTHLY EARNINGS," SUBSEQUENT TO WHICH IT IS PROVIDED THAT "THE MONTHLY EARNINGS' BASIS REFERRED TO HERETOFORE AND SHOWN IN THE FOREGOING SCHEDULE SHALL BE APPLICABLE TO WORKERS ON ALL PROJECTS FINANCED IN WHOLE OR IN PART FROM THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935, EXCEPT: * * * (F) SUPERVISORY AND ADMINISTRATIVE EMPLOYEES.' ALSO, PART II OF THE EXECUTIVE ORDER ENTITLED "HOURS OF WORK" EXPRESSLY EXCEPTS SUPERVISORY AND ADMINISTRATIVE EMPLOYEES FROM THE LIMITATION ON HOURS OF WORK.

IT IS CLEAR, THEREFORE, THAT THE COMPUTATION OF COMPENSATION OF SUPERVISORY AND ADMINISTRATIVE EMPLOYEES FOR A FRACTIONAL PART OF A MONTH OR WHEN FULL TIME IS NOT WORKED IS REQUIRED TO BE UPON THE SAME BASIS AS THAT PROVIDED BY LAW FOR OTHER FEDERAL EMPLOYEES WHOSE COMPENSATION IS FIXED BY THE MONTH, OR YEAR, AND NOT IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED WITH REGARD TO PERSONS RECEIVING THE SECURITY WAGE. ALSO, SUCH EMPLOYEES ARE NOT ENTITLED TO ANY ADDITIONAL COMPENSATION FOR OVERTIME WORK NOR TO HAVE THE OVERTIME WORK COUNTED IN DETERMINING THE NUMBER OF DAYS FOR WHICH COMPENSATION IS PAYABLE FOR THE WEEK.

SECTION 6 OF THE ACT OF JUNE 30, 1906 (34 STAT. 736), PROVIDES AS FOLLOWS:

HEREAFTER, WHERE THE COMPENSATION OF ANY PERSON IN THE SERVICE OF THE UNITED STATES IS ANNUAL OR MONTHLY THE FOLLOWING RULES FOR DIVISION OF TIME AND COMPUTATION OF PAY FOR SERVICES RENDERED ARE HEREBY ESTABLISHED: ANNUAL COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; AND IN MAKING PAYMENTS FOR A FRACTIONAL PART OF A MONTH ONE THIRTIETH OF ONE OF SUCH INSTALLMENTS, OR OF A MONTHLY COMPENSATION, SHALL BE THE DAILY RATE OF PAY. FOR THE PURPOSE OF COMPUTING SUCH COMPENSATION AND FOR COMPUTING TIME FOR SERVICES RENDERED DURING A FRACTIONAL PART OF A MONTH IN CONNECTION WITH ANNUAL OR MONTHLY COMPENSATION, EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF THIRTY DAYS, WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE THIRTY-FIRST OF ANY CALENDAR MONTH FROM THE COMPUTATION AND TREATING FEBRUARY AS IF IT ACTUALLY HAD THIRTY DAYS. ANY PERSON ENTERING THE SERVICE OF THE UNITED STATES DURING A THIRTY ONE DAY MONTH AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO PAY FOR THAT MONTH FROM THE DATE OF ENTRY TO THE THIRTIETH DAY OF SAID MONTH, BOTH DAYS INCLUSIVE; AND ANY PERSON ENTERING SAID SERVICE DURING THE MONTH OF FEBRUARY AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO ONE MONTH'S PAY, LESS AS MANY THIRTIETHS THEREOF AS THERE WERE DAYS ELAPSED PRIOR TO DATE OF ENTRY: PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY-FIRST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.

UNDER THIS STATUTE WHERE COMPENSATION IS FIXED ON THE BASIS OF THE MONTH OR YEAR BUT IS PAID BY THE WEEK, THE AMOUNT TO BE PAID FOR THE WEEK IS TO BE DETERMINED BY MULTIPLYING THE DAILY RATE (1/360 OF THE ANNUAL RATE OF 1/30 OF THE MONTHLY RATE) BY THE NUMBER OF DAYS THE EMPLOYEE WAS IN A PAY STATUS DURING THE WEEK NOT COUNTING THE 31ST DAY OF ANY MONTH AND COUNTING FEBRUARY 28 AS 3 DAYS AND FEBRUARY 29 AS 2 DAYS. HENCE, WHEN SUCH AN EMPLOYEE WORKS FULL TIME DURING ANY WEEK IN WHICH THE 31ST DAY OF A MONTH OCCURS--- AS FOR THE WEEK BEGINNING MARCH 29 AND ENDING APRIL 4--- THE DAILY RATE SHOULD BE MULTIPLIED BY 6 TO DETERMINE THE COMPENSATION FOR THE WEEK.

THE AUDIT OF ACCOUNTS INVOLVING PAYMENTS TO THE CLASS OF EMPLOYEES IN QUESTION FOR PAY PERIODS HEREAFTER ACCRUING WILL BE UPON THE BASIS APPLICABLE TO REGULAR EMPLOYEES OF THE GOVERNMENT AS ABOVE INDICATED. HOWEVER, WITH RESPECT TO SUCH PAYMENTS HERETOFORE MADE CREDIT WILL BE ALLOWED THEREFOR IN THE ACCOUNTS OF THE DISBURSING OFFICERS INVOLVED IF FOUND TO BE OTHERWISE CORRECT AND PROPER.