B-143602, AUG. 25, 1960

B-143602, AUG. 25, 1960

TO MR. AGAPITO CESISTA:

YOUR LETTER OF MAY 24, 1960, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 25, 1959, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION UNDER PUBLIC LAW 85-231 DURING THE PERIOD OF YOUR EMPLOYMENT BY THE DEPARTMENT OF THE ARMY AS A LAUNDRY SORTER CHECKER IN OKINAWA FROM 1947 TO 1949.

YOUR CLAIM WAS RECEIVED IN OUR OFFICE ON APRIL 27, 1959. THAT PART OF YOUR CLAIM WHICH IS FOR THE PERIOD BEFORE APRIL 27, 1959, IS BARRED BY THE TEN-YEAR STATUTE OF LIMITATIONS UNDER THE ACT OF OCTOBER 7, 1940, 54 STAT. 1061.

PUBLIC LAW 85-231, 71 STAT. 514, WHICH AMENDED THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED, SETS FORTH THE OVERSEAS AREAS OUTSIDE THE UNITED STATES TO WHICH THE ACT SHALL APPLY. THE ACT APPLIES TO GUAM AND WAKE ISLAND BUT DOES NOT APPLY TO OKINAWA. PUBLIC LAW 85-231 WAS APPROVED ON AUGUST 30, 1957, AND DID NOT GO INTO EFFECT UNTIL NINETY DAYS AFTER AUGUST 30, 1957. FURTHERMORE, THE FAIR LABOR STANDARDS ACT DOES NOT APPLY TO THE UNITED STATES GOVERNMENT BY WHICH YOU WERE EMPLOYED, BUT ONLY TO PRIVATE EMPLOYERS OF NONGOVERNMENTAL LABOR. SALARY AND WAGES PAID BY THE UNITED STATES ARE FIXED BY SCHEDULES UNDER THE CLASSIFICATION ACT, BY AREA WAGE BOARD AGREEMENTS, BY CONTRACTS WITH INDIVIDUALS, BY AGREEMENTS WITH GOVERNMENTS INCLUDING THE REPUBLIC OF THE PHILIPPINES, AND VARIOUSLY UNDER SPECIAL STATUTES, NONE OF WHICH APPLY TO YOUR CASE.

YOU WERE PAID AT THE PROPER RATE OF SALARY FOR YOUR GRADE. PUBLIC LAW 85 -231 DOES NOT GIVE YOU ANY RIGHT TO ADDITIONAL SALARY FOR WORK YOU DID BEFORE NOVEMBER 1957. OUR SETTLEMENT OF AUGUST 25, 1959, IS CORRECT AND IS THEREFORE SUSTAINED.