[Request for Opinion Concerning Entitlement to Overtime Compensation]

A court requested an opinion as to whether U.S. Customs Service Inspectors who worked 8.5 hours daily and 42.5 hours weekly were entitled to overtime compensation. Customs stated that it provided a scheduled one-half hour break period for the inspectors and that this non-work-related period offset their entitlement to overtime compensation. The inspectors' union argued that, although the break period had been granted, the inspectors were still expected to answer work calls and were not permitted to leave the premises. GAO has held that an agency may offset overtime by establishing a break period that is taken advantage of by its employees. GAO noted that, although the inspectors did utilize their break period for personal purposes, Customs did not clarify the length of the break. Further, the union successfully argued that Customs did not establish any time regulations because breaks were granted only if there was time remaining from the intended one-half hour morning uniform inspection. GAO held that, since Customs failed to provide proof that it established a one-half hour break period, the period could not be offset against the inspectors' overtime entitlement. Accordingly, the inspectors were entitled to overtime compensation for that length of time.