Entitlement to Overtime Compensation

B-202170: Jul 8, 1981

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GAO was asked whether Federal employees were entitled to overtime compensation for time spent traveling to and from work by bus when detailed to another location. In response, GAO stated that, in order for it to consider the request, regulations require that a copy of the request for overtime be served on the appropriate agency and that a statement of service must then be submitted to GAO by the appropriate agency representative. Therefore, until the matter is in compliance with the service requirements of its regulations, GAO will not act on the matter. However, GAO did state that, under Federal regulations, there is no entitlement to overtime compensation for time spent in commuting to work where the travel does not involve the performance of work while traveling, is not incident to travel that involves the performance of work while traveling, is not carried out under arduous conditions, or does not result from an event which could not be scheduled or controlled administratively. Additionally, the Court of Claims has held that travel which has no purpose other than to transport an employee to and from the place where he is to perform his duties is not work and is not compensable as overtime.