Claim for Overtime Compensation

A certifying officer of the U.S. Customs Service requested an advance decision on the question of whether three employees were entitled to overtime compensation at a rate specified by law for duties related to the lading or unlading of merchandise, or a lower overtime rate paid under the provisions of the Employees' Pay Act, for work performed on a holiday. The employees claimed that by law Customs employees are entitled to two additional days of pay for being requested to work on Sundays or holidays, if the work is at the request of a broker, for his benefit. GAO believed that the many references to the lading and unlading of merchandise in the statute cited require a strict interpretation of the statute. The employees were not entitled to the higher rate of overtime unless the duties and services they performed were directly related to the customs inspection required by law. In this case, the employees' duties were performed in order to save the broker additional paper work and were not directly related to the customs inspection. GAO agreed with the agency that the employees were not entitled to the higher rate of overtime compensation. The employees' claim was not certified for payment.