B-147868, JANUARY 23, 1962, 41 COMP. GEN. 477

B-147868: Jan 23, 1962

Additional Materials:

Contact:

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

 

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

WHICH TESTS ARE ENTIRELY UNRELATED TO THE TRAINING ASSIGNMENT AND CONSTITUTE OFFICIAL WORK. MAY HAVE THE 40-HOUR TRAINING PERIOD REGARDED AS "HOURS OF WORK" SO AS TO BE ENTITLED TO OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR THE WORK PERFORMED ON SATURDAYS AND THE RESTRICTION IN SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT. AGAINST PAYMENT OF OVERTIME FOR TRAINING IS NOT CONSTRUED AS PRECLUDING PAYMENT OF OVERTIME COMPENSATION FOR WORK IN ADDITION TO THE 40 HOURS OF TRAINING PERFORMED IN ANY WORKWEEK. THE VOLUNTEERS ARE AIR TRAFFIC CONTROLLER TRAINEES OF YOUR AGENCY. WHO ARE TAKING THE 8-WEEK BASIC CERTIFICATION COURSE IN AIR TRAFFIC CONTROL WORK.

B-147868, JANUARY 23, 1962, 41 COMP. GEN. 477

COMPENSATION - OVERTIME - TRAINING COURSES - WORK AND TRAINING AIR TRAFFIC TRAINEES WHO DURING AN 8-WEEK, 40 HOUR A WEEK, TRAINING COURSE VOLUNTEER TO PARTICIPATE ON SATURDAYS IN A SERIES OF MEDICAL TESTS TO DETERMINE STRESSES AND STRAINS UPON AIR TRAFFIC CONTROLLERS, WHICH TESTS ARE ENTIRELY UNRELATED TO THE TRAINING ASSIGNMENT AND CONSTITUTE OFFICIAL WORK, MAY HAVE THE 40-HOUR TRAINING PERIOD REGARDED AS "HOURS OF WORK" SO AS TO BE ENTITLED TO OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR THE WORK PERFORMED ON SATURDAYS AND THE RESTRICTION IN SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2309, AGAINST PAYMENT OF OVERTIME FOR TRAINING IS NOT CONSTRUED AS PRECLUDING PAYMENT OF OVERTIME COMPENSATION FOR WORK IN ADDITION TO THE 40 HOURS OF TRAINING PERFORMED IN ANY WORKWEEK.

TO THE ADMINISTRATOR, FEDERAL AVIATION AGENCY, JANUARY 23, 1962:

ON DECEMBER 29, 1961, YOU REQUESTED OUR DECISION CONCERNING THE COMPENSATION ALLOWABLE TO VOLUNTEERS PARTICIPATING IN A SERIES OF MEDICAL TESTS DESIGNED TO DETERMINE THE STRESSES AND STRAINS UPON AIR TRAFFIC CONTROLLERS. THE VOLUNTEERS ARE AIR TRAFFIC CONTROLLER TRAINEES OF YOUR AGENCY, WHO ARE TAKING THE 8-WEEK BASIC CERTIFICATION COURSE IN AIR TRAFFIC CONTROL WORK. NO REMUNERATION HAS BEEN PAID TO THE VOLUNTEERS PARTICIPATING IN SUCH TESTS.

YOU SAY THAT BECAUSE THE TESTS TAKE APPROXIMATELY ONE-HALF DAY AND ARE CONDUCTED ON SATURDAY, A DAY NOT INCLUDED WITHIN THE TRAINING WEEK OF THE VOLUNTEERS, THE CIVIL AEROMEDICAL RESEARCH INSTITUTE ( CARI) OF YOUR AGENCY HAS RUN OUT OF VOLUNTEERS AND THAT THE CONTINUATION OF THE TESTING OF TRAINEES IS NECESSARY TO PREVENT AN ADVERSE EFFECT UPON THE OVER-ALL PROGRAM OF THE INSTITUTE. FURTHER, YOU SAY THAT YOUR PROBLEM "DEALS WITH THE SITUATION IN WHICH THE EMPLOYEE HAS ENGAGED IN A 40 HOUR WEEK OF TRAINING AND THEREAFTER IS REQUESTED TO PARTICIPATE IN ACTIVITIES WHICH HAVE NOTHING TO DO WITH TRAINING WHICH, IF HE WERE NOT A TRAINEE, WOULD ENTITLE HIM TO OVERTIME COMPENSATION.'

AGAINST THIS BACKGROUND YOU PRESENT THE FOLLOWING SPECIFIC QUESTIONS:

1. MAY EMPLOYEES BE COMPENSATED FOR EMPLOYMENT OF A NON-TRAINING NATURE, IF THEY HAVE PREVIOUSLY SPENT 40 HOURS WITHIN THE WEEK IN TRAINING STATUS?

2. IF THE ANSWER TO (1) IS IN THE AFFIRMATIVE, ARE THE EMPLOYEES ENTITLED TO TIME AND A HALF FOR OVERTIME OR MUST THEY BE PAID AT A REGULAR RATE OF COMPENSATION?

THE QUESTIONS THUS PRESENTED ARE SAID TO ARISE IN THE APPLICATION OF SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2309, READING AS FOLLOWS:

THE HEAD OF EACH DEPARTMENT IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION UNDER AUTHORITY OF SECTION 2305 (A) (8) OF THIS TITLE IS AUTHORIZED, FROM FUNDS APPROPRIATED OR OTHERWISE AVAILABLE TO SUCH DEPARTMENT, (1) TO PAY ALL OR ANY PART OF THE SALARY, PAY, OR COMPENSATION (EXCLUDING OVERTIME, HOLIDAY, AND NIGHT DIFFERENTIAL PAY) OF EACH EMPLOYEE OF SUCH DEPARTMENT WHO IS SELECTED AND ASSIGNED FOR TRAINING BY, IN, OR THROUGH GOVERNMENT FACILITIES OR NON-GOVERNMENT FACILITIES UNDER AUTHORITY OF THIS CHAPTER, FOR EACH PERIOD OF SUCH TRAINING OF SUCH EMPLOYEE * * * ( ITALICS SUPPLIED.)

IT REASONABLY APPEARS FROM THE INFORMATION CONTAINED IN YOUR LETTER THAT PARTICIPATION IN THE TESTS INVOLVED IS ENTIRELY UNRELATED TO THE TRAINING ASSIGNMENT OF THE TRAINEES AND, IN FACT, CONSTITUTES OFFICIAL WORK OF YOUR AGENCY FOR WHICH COMPENSATION WOULD BE PAYABLE. QUESTION 1 THEREFORE IS ANSWERED IN THE AFFIRMATIVE.

THE COURSE YOU DESCRIBE IN YOUR LETTER IS AN INTRA-AGENCY COURSE. UNDERSTAND, HOWEVER, THAT THE TRAINEES PERFORM NO ACTUAL WORK OF THE AGENCY WHILE PARTICIPATING IN SUCH COURSE. ON THE OTHER HAND, THE EMPLOYEES ARE ASSIGNED TO THE TRAINING COURSE BY AGENCY OFFICIALS AND REMAIN UNDER THE SUPERVISION AND CONTROL OF AGENCY OFFICIALS DURING THE PERIOD OF SUCH TRAINING. HOURS OF TRAINING RECEIVED UNDER SUCH CIRCUMSTANCES REASONABLY MAY BE VIEWED AS BEING "HOURS OF WORK" FOR PURPOSES OF DETERMINING WHEN AN EMPLOYEE COMPLETES A BASIC WORKWEEK OF 40 HOURS SO AS TO BECOME ELIGIBLE UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, FOR OVERTIME COMPENSATION FOR ACTUAL WORK--- AS DISTINGUISHED FROM TRAINING--- PERFORMED IN ADDITION TO THE 40 HOURS OF TRAINING. WE VIEW THE RESTRICTION ON THE PAYMENT OF OVERTIME COMPENSATION APPEARING IN SECTION 10 OF THE GOVERNMENT EMPLOYEES TRAINING ACT (5 U.S.C. 2309) AS PRECLUDING ONLY THE PAYMENT OF OVERTIME COMPENSATION FOR TRAINING AND NOT AS PRECLUDING THE PAYMENT OF OVERTIME COMPENSATION FOR OFFICIAL WORK PERFORMED IN ADDITION TO 40 HOURS OF INTRA- SERVICE TRAINING PERFORMED IN ANY WORKWEEK.

THEREFORE, OVERTIME COMPENSATION IS ALLOWABLE IN ACCORDANCE WITH APPLICABLE LAW FOR THE SATURDAY WORK. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.