B-201039,(MRV), MAR 16, 1981

B-201039,(MRV): Mar 16, 1981

Additional Materials:

Contact:

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

 

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

RAMSEY: THIS IS IN RESPONSE TO THE LETTER FROM YOUR OFFICE DATED OCTOBER 21. WE HAVE REVIEWED THIS INFORMATION AND HAVE MET INFORMALLY WITH A MEMBER OF YOUR STAFF. IT IS OUR UNDERSTANDING THAT UNDER THE PROPOSED REGULATIONS AN AGENCY WOULD BE REQUIRED TO SCHEDULE EMPLOYEES TO PERFORM ALL RECOGNIZED OVERTIME WORK. THIS FAILURE TO SCHEDULE WILL CONSTITUTE A VIOLATION OF REGULATIONS WARRANTING PAYMENT OF PREMIUM PAY FOR "REGULARLY SCHEDULED" NIGHT WORK OR OVERTIME. WHILE WE RECOGNIZE THAT THESE PROPOSED REGULATIONS WILL MODIFY A BODY OF CASE LAW ESTABLISHED BY PRIOR DECISIONS OF OUR OFFICE. WE HAVE NO OBJECTION TO THIS PROPOSAL. WE TRUST THAT THIS IS RESPONSIVE TO YOUR INQUIRY. HAVE NO OBJECTIONS TO PROPOSED REGULATIONS.

B-201039,(MRV), MAR 16, 1981

PRECIS-UNAVAILABLE

ARCH S. RAMSEY, ACTING DIRECTOR, U. S. OFFICE OF PERSONNEL MANAGEMENT:

MR. RAMSEY:

THIS IS IN RESPONSE TO THE LETTER FROM YOUR OFFICE DATED OCTOBER 21, 1980, REQUESTING OUR REVIEW OF YOUR STUDY AND PROPOSED REGULATIONS CONCERNING THE PHRASE "REGULARLY SCHEDULED."

WE HAVE REVIEWED THIS INFORMATION AND HAVE MET INFORMALLY WITH A MEMBER OF YOUR STAFF, MR. DWIGHT BROWN. IT IS OUR UNDERSTANDING THAT UNDER THE PROPOSED REGULATIONS AN AGENCY WOULD BE REQUIRED TO SCHEDULE EMPLOYEES TO PERFORM ALL RECOGNIZED OVERTIME WORK. ANY OVERTIME PERFORMED OUTSIDE OF THAT SCHEDULE WOULD BE CONSIDERED "IRREGULAR OR OCCASIONAL." ON THE OTHER HAND, WHERE THE AGENCY FAILS TO SCHEDULE ITS EMPLOYEES IN A MANNER THAT REALISTICALLY REFLECTS THE AGENCY'S ACTUAL WORK REQUIREMENTS, THIS FAILURE TO SCHEDULE WILL CONSTITUTE A VIOLATION OF REGULATIONS WARRANTING PAYMENT OF PREMIUM PAY FOR "REGULARLY SCHEDULED" NIGHT WORK OR OVERTIME.

WHILE WE RECOGNIZE THAT THESE PROPOSED REGULATIONS WILL MODIFY A BODY OF CASE LAW ESTABLISHED BY PRIOR DECISIONS OF OUR OFFICE, WE HAVE NO OBJECTION TO THIS PROPOSAL.

WE TRUST THAT THIS IS RESPONSIVE TO YOUR INQUIRY.

DIGEST

OFFICE OF PERSONNEL MANAGEMENT REQUESTS OUR REVIEW OF STUDY AND PROPOSED REGULATIONS CONCERNING PHRASE "REGULARLY SCHEDULED." PROPOSED REGULATIONS WOULD REQUIRE AGENCIES TO REALISTICALLY SCHEDULE ALL OVERTIME WORK, AND WORK OUTSIDE OF SCHEDULE WOULD BE CONSIDERED "IRREGULAR OR OCCASIONAL." HOWEVER, AGENCY'S FAILURE TO REALISTICALLY SCHEDULE WORK WOULD WARRANT PAYMENT OF OVERTIME OR PREMIUM PAY FOR "REGULARLY SCHEDULED WORK." HAVE NO OBJECTIONS TO PROPOSED REGULATIONS.