B-123570, MAY 18, 1955, 34 COMP. GEN. 614

B-123570, MAY 18, 1955, 34 COMP. GEN. 614

COMPENSATION - OVERTIME - UNSCHEDULED V. SCHEDULED CALL-BACK OVERTIME AN EMPLOYEE WHO RETURNS TO HIS STATION TO PERFORM OVERTIME WORK WHICH IS A PART OF HIS REGULARLY SCHEDULED DUTIES IS NOT ENTITLED TO OVERTIME ON THE TWO-HOUR MINIMUM BASIS AUTHORIZED FOR UNSCHEDULED OVERTIME BY SECTION 203 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945.

COMPTROLLER GENERAL CAMPBELL TO ERNEST W. VOGT, DEPARTMENT OF COMMERCE, MAY 18, 1955:

YOUR LETTER OF MARCH 22, 1955, YOUR FILE REFERENCE RO3-3.2, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN THE AMOUNT OF $7.30 IN FAVOR OF SYLVESTER E. DECKER, AS ADDITIONAL OVERTIME PAYMENT DUE OVER THE PAY PERIOD JANUARY 30 TO FEBRUARY 12, 1955. THE AMOUNT REPRESENTS TWO HOURS ADDITIONAL OVERTIME PAYMENT FOR TWO ONE-HOUR PERIODS OF DISCONNECTED OVERTIME WHICH THE EMPLOYEE WAS REQUIRED TO WORK ON SATURDAYS FEBRUARY 4 AND 11, 1955, FROM 4:30 TO 5:30 P.M. FOR WHICH PAYMENT ALREADY HAS BEEN MADE AT TIME AND ONE-HALF. THE EMPLOYEE IS REGULARLY SCHEDULED TO WORK 5 HOURS EACH SATURDAY--- A 4-HOUR PERIOD 7:45 TO 11:45 A.M., AND ONE-HOUR PERIOD 4:30 TO 5:30 P.M. THE OVERTIME IN QUESTION OCCURRED DURING THE BIWEEKLY PAY PERIOD JANUARY 30 TO FEBRUARY 12, 1955, DURING WHICH THE EMPLOYEE WORKED 8 HOURS DAILY, MONDAY THROUGH FRIDAY, 5 HOURS ON SATURDAYS AND 2 HOURS ON SUNDAY, FEBRUARY 6, OR A TOTAL OF 92 HOURS FOR WHICH PAYMENT WAS MADE FOR 80 HOURS BASE PAY AND 12 HOURS OVERTIME--- ALL OVERTIME FOR SATURDAYS HAVING BEEN PAID FOR AT TIME AND ONE-HALF. THE QUESTION RAISED IN YOUR SUBMISSION IS WHETHER PAYMENT MAY BE MADE TO THE EMPLOYEE "AT THE RATE OF TWO HOURS' OVERTIME FOR ONE HOUR OF SCHEDULED CALL-BACK OVERTIME PERFORMED ON EACH TWO SATURDAYS IN THE PAY PERIOD ENDING FEBRUARY 12,

1955.'

SECTION 203, ADDED TO THE FEDERAL EMPLOYEES PAY ACT OF 1945, BY THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1110, PROVIDES AS FOLLOWS:

SEC. 203. FOR THE PURPOSES OF THIS ACT, ANY UNSCHEDULED OVERTIME WORK PERFORMED BY ANY OFFICER OR EMPLOYEE ON A DAY WHEN NO WORK WAS SCHEDULED FOR HIM, OR FOR WHICH HE IS REQUIRED TO RETURN TO HIS PLACE OF EMPLOYMENT, SHALL BE CONSIDERED TO BE AT LEAST TWO HOURS IN DURATION. ( ITALICS SUPPLIED.)

IN THE CONFERENCE REPORT, H.R. 2665, PAGE 21, ACCOMPANYING H.R. 2263 WHICH BECAME THE ABOVE REFERRED-TO ACT, IT IS EXPLAINED THAT THE NEW SECTION 203 PROVIDES A MINIMUM OF TWO HOURS PAY FOR ANY EMPLOYEE "WHO IS CALLED BACK TO PERFORM UNSCHEDULED OVERTIME WORK.'

AS THE OVERTIME IN QUESTION WAS SCHEDULED OVERTIME AS DISTINGUISHED FROM "UNSCHEDULED OVERTIME," THE TERM USED IN THE ABOVE-QUOTED STATUTE AND EXPLAINED IN THE REFERRED-TO CONFERENCE REPORT, PAYMENT THEREFOR IS RESTRICTED TO THE COMPENSATION WHICH IS REGULARLY PAYABLE FOR ONE-HOUR OVERTIME.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.