B-210181, MAR 8, 1983

B-210181, MAR 8, 1983

DIGEST: 1. AN EMPLOYEE WHO PERFORMS STATE GRAND JURY SERVICE EXTENDING BEYOND HIS SCHEDULED WORKDAY MAY RETAIN A PRO-RATA PORTION OF HIS JURY SERVICE FEE FOR THE JURY SERVICE EXTENDING BEYOND HIS SCHEDULED WORKDAY. 2. WHEN AN EMPLOYEE, WHILE SERVING ON JURY DUTY 8 HOURS A DAY, ALSO PERFORMS 4 HOURS OF HIS REGULAR DUTIES, HE IS NOT ENTITLED TO PREMIUM PAY FOR OVERTIME FOR PERFORMING HIS REGULAR DUTIES. JURY SERVICE MAY NOT BE REGARDED AS WORK ACTUALLY PERFORMED IN EXCESS OF 8 HOURS FOR WHICH OVERTIME COMPENSATION IS PAYABLE.

INTERNAL REVENUE SERVICE EMPLOYEE - JURY SERVICE FEE FOR SERVICE BEYOND SCHEDULED WORKDAY:

THIS DECISION CONCERNS WHETHER AN INTERNAL REVENUE SERVICE (IRS) EMPLOYEE WHO SERVED ON A STATE GRAND JURY APPROXIMATELY TWICE A WEEK, FROM NOON TO 8 P.M., AND WHO REPORTED FOR DUTY WITH THE IRS FOR 4 HOURS A DAY BEFORE REPORTING TO JURY DUTY, MAY KEEP ANY PART OF HIS JURY SERVICE FEE AND MAY BE GRANTED OVERTIME COMPENSATION FOR THE TIME HE WAS REQUIRED TO WORK FOR THE IRS. FOR THE REASONS STATED BELOW, WE HOLD THAT THE EMPLOYEE MAY RETAIN A PRO-RATA PORTION OF HIS JURY SERVICE FEE FOR THE HOURS OF JURY SERVICE EXTENDING BEYOND HIS REGULARLY SCHEDULED WORKDAY, BUT THAT HE IS NOT ENTITLED TO OVERTIME COMPENSATION FOR THE REGULAR WORK PERFORMED FOR THE IRS IN ADDITION TO HIS JURY DUTY.

WE HELD IN 55 COMP.GEN. 1266 (1976) THAT EMPLOYEES WHO PERFORM JURY SERVICE IN STATE COURTS BEYOND THE END OF OR PRIOR TO THE BEGINNING OF THEIR SCHEDULED WORKDAY MAY RETAIN A PRO-RATA PORTION OF THE FEE FOR SUCH SERVICE. THUS, THE IRS EMPLOYEE IN QUESTION MAY KEEP A PRO-RATA PORTION OF HIS JURY SERVICE FEE FOR JURY SERVICE PERFORMED BEYOND THE END OF HIS SCHEDULED WORKDAY.

AS TO THE CALCULATION OF THIS PRO-RATA PORTION, WE ALSO STATED IN THE ABOVE DECISION THAT:

"*** THE JURY FEE MAY BE PRO-RATED ON THE BASIS OF THE NORMAL 8-HOUR WORKDAY, E.G., BY DIVIDING THE TOTAL JURY FEE BY 8 TO ARRIVE AT A CONSTANT HOURLY RATE. THE PORTION OF THE JURY FEE RETAINABLE BY THE EMPLOYEE MAY THEN BE COMPUTED BY MULTIPLYING THE HOURLY RATE BY THE NUMBER OF HOURS OF JURY SERVICE PERFORMED BEYOND THE END OR PRIOR TO THE BEGINNING OF THE EMPLOYEE'S NORMAL WORKDAY. FRACTIONAL HOURS OF 30 MINUTES OR GREATER DURATION ARE TO BE TREATED AS A WHOLE HOUR FOR THE PURPOSES OF THIS COMPUTATION; PERIODS OF LESS THAN ONE-HALF HOUR ARE TO BE EXCLUDED. PRORATION IS REQUIRED WHEN THE BEGINNING OF THE EMPLOYEE'S PERIOD OF JURY SERVICE COINCIDES WITH THE END OF THE EMPLOYEE'S NORMAL WORKDAY OR WHEN THE END OF THE EMPLOYEE'S JURY SERVICE COINCIDES WITH THE BEGINNING OF THE EMPLOYEE'S NORMAL WORKDAY; NECESSARY TRAVEL TIME IN SUCH CIRCUMSTANCES SHOULD BE TREATED AS COURT LEAVE."

FURTHER, WE HELD IN 43 COMP.GEN. 434 (1963) THAT EMPLOYEES ARE NOT ENTITLED TO OVERTIME COMPENSATION FOR SERVICES IN EXCESS OF 8 HOURS A DAY WHERE THE EXCESS HOURS, NOT INCLUDED IN A REGULAR TOUR OF DUTY, CONSIST OF JURY SERVICE. IN OTHER WORDS, JURY SERVICE MAY NOT BE REGARDED AS WORK ACTUALLY PERFORMED IN EXCESS OF 8 HOURS FOR PURPOSES OF OVERTIME COMPENSATION. B-152476, SEPTEMBER 15, 1964. IT FOLLOWS, THEREFORE, THAT THE EMPLOYEE IN QUESTION IS NOT ENTITLED TO OVERTIME COMPENSATION FOR THOSE DAYS ON WHICH HE WAS REQUIRED TO REPORT TO WORK AT IRS IN ADDITION TO PERFORMING JURY DUTY.