B-156136, MAR. 3, 1965

B-156136: Mar 3, 1965

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THE RECORD INDICATES THAT YOU WERE EMPLOYED AS A MECHANIC BY THE DEPARTMENT OF THE ARMY ON OKINAWA DURING THE YEARS 1947 TO 1955. YOU BELIEVE THAT YOU ARE ENTITLED TO ADDITIONAL COMPENSATION FOR THE PERIOD OF YOUR PRIOR SERVICE ON OKINAWA. AS FOLLOWS: " "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 * * *" SINCE YOU WERE AN EMPLOYEE OF THE UNITED STATES GOVERNMENT DURING THE PERIOD COVERED BY YOUR CLAIM. THE PROVISIONS OF THE FAIR LABOR STANDARDS ACT WERE NOT APPLICABLE TO YOUR EMPLOYMENT.

B-156136, MAR. 3, 1965

TO MR. PABLO T. GUTIERREZ:

YOUR LETTER OF JANUARY 27, 1965, REQUESTS REVIEW OF OFFICE SETTLEMENT DATED SEPTEMBER 11, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION BELIEVED TO BE DUE UNDER THE PROVISIONS OF PUB.L. 85-231, AMENDING THE FAIR LABOR STANDARDS ACT OF 1938.

THE RECORD INDICATES THAT YOU WERE EMPLOYED AS A MECHANIC BY THE DEPARTMENT OF THE ARMY ON OKINAWA DURING THE YEARS 1947 TO 1955. IN VIEW OF THE PROVISIONS OF PUB.L. 85-231, YOU BELIEVE THAT YOU ARE ENTITLED TO ADDITIONAL COMPENSATION FOR THE PERIOD OF YOUR PRIOR SERVICE ON OKINAWA.

SECTION 3 (D) OF THE FAIR LABOR STANDARDS ACT OF 1938, 52 STAT. 1060, DEFINES THE TERM ,EMPLOYER," IN PART, AS FOLLOWS:

" "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 * * *"

SINCE YOU WERE AN EMPLOYEE OF THE UNITED STATES GOVERNMENT DURING THE PERIOD COVERED BY YOUR CLAIM, THE PROVISIONS OF THE FAIR LABOR STANDARDS ACT WERE NOT APPLICABLE TO YOUR EMPLOYMENT. FURTHERMORE, WHILE SECTION 1 OF PUB.L. 85-231, 71 STAT. 514, AMENDED THE FAIR LABOR STANDARDS ACT OF 1938 TO MAKE CERTAIN PROVISIONS OF SUCH ACT APPLICABLE TO WORK PERFORMED IN CERTAIN DESIGNATED OVERSEAS AREAS, IT DID NOT INCLUDE OKINAWA AS ONE OF THE DESIGNATED AREAS, NOR DID IT CHANGE THE ACT TO INCLUDE UNITED STATES GOVERNMENT EMPLOYMENT. WE NOTE THAT YOUR SERVICES TERMINATED IN 1955 PRIOR TO THE EFFECTIVE DATE (NOVEMBER 30, 1957) OF PUB.L. 85-231.