B-144943, MAR. 13, 1961

B-144943: Mar 13, 1961

Additional Materials:

Contact:

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

 

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

THESE ARE THE IDENTICAL FIGURES AS SHOWN ON THE ENUMERATOR'S REIMBURSEMENT AND PAYROLL VOUCHER WHICH BEARS YOUR HANDWRITTEN AS WELL AS YOUR PRINTED SIGNATURE. AFTER THE FOLLOWING CERTIFICATION: "I CERTIFY THAT THE ABOVE CLAIM IS TRUE AND CORRECT. THAT I HAVE COMPLETED THE ENUMERATION OF MY EA AS INDICATED ABOVE. THAT THE RETURNS IN THE QUANTITIES ABOVE HAVE BEEN DULY AND TRUTHFULLY MADE IN ACCORDANCE WITH LAW. THAT THE MILES SHOWN AND TELEPHONE CALLS AND OTHER TOLL CHARGES FOR WHICH REIMBURSEMENT IS CLAIMED WERE AUTHORIZED AND WERE COMPLETED FOR PURPOSES OF OFFICIAL CENSUS BUSINESS. THAT THE HOURS REPORTED WERE WORKED ON THE DAYS SPECIFIED. I FURTHER CERTIFY THAT I HAVE NOT CLAIMED WITHHOLDING EXEMPTIONS IN EXCESS OF THE NUMBER TO WHICH I AM ENTITLED.'.

B-144943, MAR. 13, 1961

TO MR. JACK HALLIBURTON:

YOUR LETTER, WITH ENCLOSURE, RECEIVED HERE FEBRUARY 6, 1961, REQUESTS, IN EFFECT, REVIEW OF OUR SETTLEMENT OF JANUARY 25, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES RENDERED THE DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS, AS A CENSUS ENUMERATOR.

THE RECORD SHOWS THAT YOU WORKED A TOTAL OF 40 1/2 HOURS FOR THE PERIOD OF YOUR SECOND ASSIGNMENT AND THAT YOU RECEIVED A CHECK FOR $20.71 FOR SERVICES RENDERED. FOR THE PERIOD DURING YOUR SECOND ASSIGNMENT YOU ENUMERATED 135 HOUSEHOLDS AND 188 PEOPLE FOR WHICH YOU RECEIVED THE ESTABLISHED PIECE RATE COMPENSATION. THESE ARE THE IDENTICAL FIGURES AS SHOWN ON THE ENUMERATOR'S REIMBURSEMENT AND PAYROLL VOUCHER WHICH BEARS YOUR HANDWRITTEN AS WELL AS YOUR PRINTED SIGNATURE, DATED APRIL 12, 1960, AFTER THE FOLLOWING CERTIFICATION:

"I CERTIFY THAT THE ABOVE CLAIM IS TRUE AND CORRECT; THAT I HAVE COMPLETED THE ENUMERATION OF MY EA AS INDICATED ABOVE; THAT THE RETURNS IN THE QUANTITIES ABOVE HAVE BEEN DULY AND TRUTHFULLY MADE IN ACCORDANCE WITH LAW, MY INSTRUCTIONS AND MY OATH OF OFFICE; THAT THE MILES SHOWN AND TELEPHONE CALLS AND OTHER TOLL CHARGES FOR WHICH REIMBURSEMENT IS CLAIMED WERE AUTHORIZED AND WERE COMPLETED FOR PURPOSES OF OFFICIAL CENSUS BUSINESS; AND THAT THE HOURS REPORTED WERE WORKED ON THE DAYS SPECIFIED. I FURTHER CERTIFY THAT I HAVE NOT CLAIMED WITHHOLDING EXEMPTIONS IN EXCESS OF THE NUMBER TO WHICH I AM ENTITLED.'

YOU SAY THAT YOU COUNTED 239 HOUSES AND 298 PEOPLE. LETTER OF JULY 1, 1960, FROM THE REGIONAL OPERATING OFFICE, 4661 SUNSET BOULEVARD, LOS ANGELES 27, CALIFORNIA, TO YOU, INDICATES THAT ON YOUR SECOND ASSIGNMENT BY POSTCARD OF MAY 27 YOU CLAIMED YOU ENUMERATED 215 HOUSES AND 409 PEOPLE. WHEN THERE IS A DISPUTE BETWEEN THE FACTS REPORTED BY THE ADMINISTRATIVE OFFICE AND THOSE ASSERTED BY A CLAIMANT THE RULE OF OUR OFFICE HAS BEEN TO ACCEPT THE FACTS AS ADMINISTRATIVELY REPORTED IN THE ABSENCE OF EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVELY REPORTED FACTS. NO SUCH EVIDENCE HAS BEEN PRESENTED BY YOU HERE.

CONCERNING YOUR CONTENTION THAT YOU WERE PAID LESS THAN $1 AN HOUR IN VIOLATION OF THE MINIMUM WAGE LAW AS PROVIDED FOR IN THE FAIR LABOR STANDARDS ACT OF 1938, 52 STAT. 1060, AS AMENDED, WE DIRECT YOUR ATTENTION TO SECTION 3 (D) WHICH PROVIDES AS FOLLOWS:

"/D) "EMPLOYER" INCLUDES ANY PERSON ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION TO AN EMPLOYEE BUT SHALL NOT INCLUDE THE UNITED STATES OR ANY STATE OR POLITICAL SUBDIVISION OF A STATE, OR ANY LABOR ORGANIZATION (OTHER THAN WHEN ACTING AS AN EMPLOYER), OR ANYONE ACTING IN THE CAPACITY OF OFFICER OR AGENT OF SUCH LABOR ORGANIZATION.'

THE ABOVE-QUOTED SECTION OF THE FAIR LABOR STANDARDS ACT SPECIFICALLY EXCLUDES EMPLOYEES OF THE UNITED STATES GOVERNMENT FROM ITS PROVISIONS. SEE STEINER V. PLEASANTVILLE CONSTRUCTORS, INC., 46 NY2D 120; H. B. DEAL AND CO. V. LEONARD, ET AL., 196 SW 2D 991; THOMPSON V. DOUGHERTY, 40 F.SUPP. 279; KRUGER V. LOS ANGELES SHIPBUILDING AND DRYDOCK CORP.,74 F.SUPP. 595.

PARAGRAPHS 24 (A) AND (B) OF SUBCHAPTER II OF CHAPTER I, 68 STAT. 1015, RELATING TO THE CENSUS, IN EFFECT AT THE TIME THE WORK WAS PERFORMED BY YOU, PROVIDE IN PART AS FOLLOWS:

"/A) THE SECRETARY MAY APPOINT * * * ENUMERATORS * * * ON A TEMPORARY BASIS TO CARRY OUT THE PROVISIONS OF THIS TITLE. * * *

"/B) THE * * * ENUMERATORS, * * * APPOINTED UNDER THIS SECTION SHALL RECEIVE COMPENSATION AT RATES FIXED BY THE SECRETARY; AND THE COMPENSATION ON A PIECE-PRICE BASIS MAY BE FIXED WITHOUT LIMITATION AS AS TO THE AMOUNT EARNED PER DIEM.'

UNDER THE ABOVE-QUOTED STATUTE IT IS WITHIN THE AUTHORITY OF THE SECRETARY OF COMMERCE TO HIRE CENSUS ENUMERATORS ON A TEMPORARY BASIS AND FIX THEIR COMPENSATION ON A PIECE-PRICE BASIS. FORM BC-50B (8-25 59), U.S. DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS, NOTICE OF SHORT-TERM EMPLOYMENT AND APPOINTMENT AFFIDAVITS, BEARING YOUR SIGNATURE, SIGNED MARCH 28, 1960, SHOWS THAT YOU HAD ACCEPTED THE POSITION OF ENUMERATOR TO BE PAID ON A PIECE-PRICE BASIS AS SHOWN THEREON. SINCE YOU HAVE RECEIVED COMPENSATION ON A PIECE-PRICE BASIS AT THE RATES SPECIFIED ON YOUR EMPLOYMENT PAPERS, THERE IS NO AUTHORITY TO PAY YOU ANY ADDITIONAL COMPENSATION.