Overtime Entitlement

Several police security officers at an Air Force base claimed overtime pay from January 1974 through August 1977. The claimants contended that they were required to report early to perform 30 minutes of preliminary duty before their regular 8-hour shifts. According to the Air Force, a 30-minute meal break offset the preliminary duty period, resulting in an 8-hour shift. However, the claimants asserted that the meal break was generally not duty-free and disputed the Air Force position that the meal period may be used to offset the period of preliminary duty. An on-site investigation by the Office of Personnel Management (OPM) confirmed that the claimants were required to report 30 minutes before their assigned shifts throughout the period claimed. However, OPM found no records to either confirm or refute the claimants' assertions regarding meal breaks and concluded that relief for meals during the claim period was provided only on an irregular basis. Under the Fair Labor Standards Act (FLSA), the claimants are entitled to overtime compensation for work performed in excess of 40 hours per week. However, FLSA exempted Federal employees engaged in law enforcement activities, including guards, until January 1, 1975. From that date, until the guards were reclassified to the police series, they were subject to the regular overtime provisions of FLSA. Upon reclassification as police officers in 1976, they became subject to the special FLSA overtime provisions under which meal breaks are not excluded from hours worked in determining the overtime entitlement of law enforcement personnel. An employee who meets the requirements for both title 5 of the U.S. Code and FLSA overtime is entitled to whichever benefit is greater. Where an employer fails to keep accurate records of the hours worked by an employee as required by FLSA, it becomes the employer's burden of proof to show that the claims are not warranted. Accordingly, GAO held that the claimants are entitled to the greater of their title 5 or FLSA entitlements for the period claimed. For such duty performed subsequent to their reclassification as police officers, they were entitled to the greater of their title 5 overtime or their FLSA entitlement applicable to law enforcement personnel under which mealtime is counted as hours worked.