B-123302, JUL. 26, 1955

B-123302: Jul 26, 1955

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GREEN: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18. AS WAS POINTED OUT IN THE SETTLEMENT CERTIFICATE MENTIONED ABOVE. THERE IS NO AUTHORITY OF LAW WHEREBY OUR OFFICE OR ANY OTHER AGENCY OF THE GOVERNMENT COULD DISTRIBUTE SUCH WITHHOLDINGS TO A WORKER WHO HAS NOT BEEN PAID OVERTIME FOR WORK IN EXCESS OF EIGHT HOURS PER DAY. 33 COMP. IS SUSTAINED AND NO FURTHER ACTION IN THE MATTER MAY BE TAKEN BY THIS OFFICE.

B-123302, JUL. 26, 1955

TO MR. GEORGE A. GREEN:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1955, REQUESTING RECONSIDERATION OF SETTLEMENT CERTIFICATE DATED AUGUST 31, 1954, DISALLOWING YOUR CLAIM FOR PAYMENT OF CERTAIN OVERTIME WORK PERFORMED DURING THE PERIOD DECEMBER 5, 1951 THROUGH JULY 11, 1952, AS AN EMPLOYEE OF PAUL SMITH CONSTRUCTION COMPANY, CONTRACTOR FOR CONSTRUCTION WORK AT THE HILLSBOROUGH CANAL NEAR DEERFIELD, FLORIDA, UNDER CONTRACT NO. DA-08- 123-ENG-715, DATED JUNE 1, 1951, WITH THE DEPARTMENT OF DEFENSE.

THE DAVIS-BACON ACT, AS AMENDED AUGUST 30, 1935, 49 STAT. 1011, AS WAS POINTED OUT IN THE SETTLEMENT CERTIFICATE MENTIONED ABOVE, REQUIRES THE PAYMENT OF THE MINIMUM HOURLY RATES SPECIFIED IN CONTRACTS WITHIN ITS PURVIEW, BUT IT DOES NOT LIMIT THE HOURS OF EMPLOYMENT PER DAY OF LABORERS AND MECHANICS OR REQUIRE THE PAYMENT OF TIME AND ONE-HALF FOR WORK IN EXCESS OF EIGHT HOURS PER DAY. WHILE, AS A MATTER OF CONTRACT, THERE MAY BE WITHHELD FROM MONEYS OTHERWISE DUE A CONTRACTOR AMOUNTS REPRESENTING NONPAYMENTS OF OVERTIME COMPENSATION, THERE IS NO AUTHORITY OF LAW WHEREBY OUR OFFICE OR ANY OTHER AGENCY OF THE GOVERNMENT COULD DISTRIBUTE SUCH WITHHOLDINGS TO A WORKER WHO HAS NOT BEEN PAID OVERTIME FOR WORK IN EXCESS OF EIGHT HOURS PER DAY. 33 COMP. GEN. 497.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 31, 1954, IS SUSTAINED AND NO FURTHER ACTION IN THE MATTER MAY BE TAKEN BY THIS OFFICE.