Premium Pay for Standby Duty at Home

A reservoir manager of the Army Corps of Engineers appealed the denial of his claim for overtime standby compensation, contending that he was required to live in Government housing and be on call 24 hours a day. He submitted various documents, including a job description, and pointed out that he was required to read gauges at various times while off duty and notify an official when an accident occurred. He also disputed the facts as presented by the agency. However, the agency record indicated that he had been told that his off-duty time was for his personal use. The only condition was that he notify the area manager when he planned to be absent overnight. GAO has held that a wage board employee is only entitled to overtime pay for standby duty during off-duty hours if he resides on a Government reservation, his activities and movements are extremely restricted, and he is on ready alert. It was held that although the employee was on call and was paid overtime for emergency work while off duty, his activities were not severely restricted and he was not on ready alert. Therefore, he was not entitled to the overtime pay. Also, where there is an irreconcilable dispute over facts between an individual claimant and an agency, GAO is bound to accept the agency's statement of the facts. Accordingly, the previous settlement was sustained.