B-27549, JULY 31, 1942, 22 COMP. GEN. 105

B-27549: Jul 31, 1942

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COMPENSATION - OVERTIME - TRAVEL TIME OFFICIAL TRAVEL TIME DURING WHICH AN EMPLOYEE IS IN A PAY STATUS IS PROPERLY FOR REGARDING AS . PAYMENT OF OVERTIME COMPENSATION TO SUCH EMPLOYEES FOR OVERTIME DUE TO OFFICIAL TRAVEL IS AUTHORIZED. IS FORWARDED FOR ADVANCE DECISION AS TO LEGALITY OF THE CLAIM. 2. IN VIEW OF THE FACT THE PERIOD FOR WHICH THE OVERTIME PAY IS CLAIMED COVERS A DAY SPENT IN TRAVEL BETWEEN OFFICIAL STATIONS. THIS OFFICE ENTERTAINS DOUBT AS TO WHETHER OR NOT THESE EMPLOYEES ARE ENTITLED TO OVERTIME COMPENSATION UNDER THE ACT OF JUNE 3. THE SUPPLEMENTAL PAY ROLL VOUCHER IN QUESTION CONTAINS A CERTIFICATE AS FOLLOWS: I CERTIFY THAT IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE WORK OF PER ANNUM EMPLOYEES PAID OVERTIME HEREON WAS ESSENTIAL TO AND DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE OVERTIME WORK ON WHICH THE EMPLOYEES ENUMERATED IN THE ACT OF OCT. 21.

B-27549, JULY 31, 1942, 22 COMP. GEN. 105

COMPENSATION - OVERTIME - TRAVEL TIME OFFICIAL TRAVEL TIME DURING WHICH AN EMPLOYEE IS IN A PAY STATUS IS PROPERLY FOR REGARDING AS ,EMPLOYMENT" WITHIN THE MEANING OF THE ACT OF JUNE 3, 1941, PROVIDING OVERTIME COMPENSATION FOR CERTAIN PER ANNUM EMPLOYEES IN THE FIELD SERVICE FOR "EMPLOYMENT" IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK AND, THEREFORE, PAYMENT OF OVERTIME COMPENSATION TO SUCH EMPLOYEES FOR OVERTIME DUE TO OFFICIAL TRAVEL IS AUTHORIZED. DECISION IN 14 COMP. GEN. 907, CONSIDERING THE ACT OF MARCH 28, 1934, PROVIDING OVERTIME COMPENSATION FOR "LABOR" IN EXCESS OF 40 HOURS A WEEK, DISTINGUISHED. (MODIFIED BY 22 COMP. GEN. 636.)

COMPTROLLER GENERAL WARREN TO COL. H. D. AYRES, U.S. ARMY, JULY 31, 1942:

BY FIRST INDORSEMENT DATED JULY 18, 1942, THE CHIEF OF FINANCE, WAR DEPARTMENT, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF JUNE 19, 1942, (FILE NO. 248.2), AS FOLLOWS:

1. THE INCLOSED SUPPLEMENTAL PAY ROLL OF THE ENGINEER DEPARTMENT AT LARGE, MILWAUKEE ORDNANCE PLANT, MILWAUKEE, WISCONSIN, COVERING CLAIM FOR ADDITIONAL PAY TO CERTAIN EMPLOYEES DURING THE PERIOD APRIL 16 TO MAY 30, 1942, IN THE AMOUNT OF $47.06, SUBMITTED TO THE UNDERSIGNED, A DISBURSING OFFICER, U.S. ARMY, FOR PAYMENT, IS FORWARDED FOR ADVANCE DECISION AS TO LEGALITY OF THE CLAIM.

2. IN VIEW OF THE FACT THE PERIOD FOR WHICH THE OVERTIME PAY IS CLAIMED COVERS A DAY SPENT IN TRAVEL BETWEEN OFFICIAL STATIONS, THIS OFFICE ENTERTAINS DOUBT AS TO WHETHER OR NOT THESE EMPLOYEES ARE ENTITLED TO OVERTIME COMPENSATION UNDER THE ACT OF JUNE 3, 1941 ( PUBLIC 100, 77TH CONGRESS).

THE SUPPLEMENTAL PAY ROLL VOUCHER IN QUESTION CONTAINS A CERTIFICATE AS FOLLOWS:

I CERTIFY THAT IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE WORK OF PER ANNUM EMPLOYEES PAID OVERTIME HEREON WAS ESSENTIAL TO AND DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE OVERTIME WORK ON WHICH THE EMPLOYEES ENUMERATED IN THE ACT OF OCT. 21, 1940, WERE ENGAGED, AND THAT THE OVERTIME COMPENSATION CLAIMED HEREON IS IN EVERY CASE IN ADDITION TO AND IN EXCESS OF THE REGULAR FORTY HOUR WORKWEEK WHICH HAS BEEN ADMINISTRATIVELY ESTABLISHED FOR THESE EMPLOYEES, AND I FURTHER CERTIFY THAT THE EMPLOYEES LISTED ON THIS PAYROLL PERFORMED THE FOLLOWING OVERTIME WORK AT THIS STATION IN CONNECTION WITH THE CONSTRUCTION OF THE MILWAUKEE ORDNANCE PLANT IN ORDER TO MEET COMPLETION DATE AS DETERMINED BY THE CHIEF OF ENGINEERS. JUNE 13, 1942. YOUR DOUBT AS TO THE LEGALITY OF THE PROPOSED PAYMENT APPEARS TO ARISE FROM A STATEMENT MADE IN FIRST INDORSEMENT DATED MAY 27, 1942, FROM THE AREA ENGINEER, MILWAUKEE ORDNANCE PLANT, TO YOU, AS FOLLOWS:

1. SUPPLEMENTAL NUMBER 1 TO OVERTIME NUMBER 5, $31.37, IS RETURNED TO YOUR OFFICE FOR FURTHER CONSIDERATION. IT HAS BEEN CHANGED TO READ, MAY 30, 1942, INSTEAD OF JUNE 1, 1942, AS PER YOUR SUGGESTION IN ANOTHER LETTER.

2. THESE EMPLOYEES HAVE NOT BEEN PAID THEIR SALARIES FOR THE DAYS ON WHICH PAY IS CLAIMED ON THIS ROLL. THE 25TH OF APRIL, THE 2D OF MAY, AND THE 9TH OF MAY ARE ALL SATURDAYS, ARE EXTRA DUTY DAYS IN ADDITION TO THE 40 HOURS PREVIOUSLY WORKED BY EACH OF THESE EMPLOYEES. THE REGULAR PAY FOR THESE EMPLOYEES WAS FOR THE 40 HOURS OF MONDAY THROUGH FRIDAY IN EACH INSTANCE, OF 8 HOURS EACH, AND UNDER THE DECISION OF THE COMPTROLLER GENERAL (14 COMP. GEN. 907) THEY ARE ENTITLED TO RECEIVE REGULAR TIME FOR THE SATURDAYS THEY WERE IN TRANSIT WHILE BEING TRANSFERRED FROM THEIR LAST PERMANENT STATION TO THEIR NEW PERMANENT STATION. THE COMPTROLLER GENERAL'S DECISION ABOVE REFERRED TO READS:

"NO LABOR IS PERFORMED DURING PERIODS OF TRAVEL BETWEEN DUTY STATIONS AND HEADQUARTERS, AND ACCORDINGLY, DURING OFFICIAL TRAVEL TIME THE EMPLOYEE IS LIMITED TO PAY AT THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS PER DAY.'

3. IT IS OUR UNDERSTANDING THAT THE ABOVE DECISION PRECLUDES TIME AND ONE HALF FOR THE EXTRA DUTY DAYS INVOLVED, AND LIMITS IT TO REGULAR TIME. THE OFFICE OF THE CHIEF OF ENGINEERS, IN OUR CIRCULAR LETTER NUMBER 1403, CIVILIAN PERSONNEL NUMBER 85, MARCH 19, 1942, GOES INTO THE QUESTION OF OVERTIME COMPENSATION TO FIELD EMPLOYEES OF THE ENGINEERING DEPARTMENT QUITE EXTENSIVELY, AND BASED ON OUR UNDERSTANDING OF THAT CIRCULAR LETTER, THE PAY ROLL WAS PREPARED FOR THESE FOUR EMPLOYEES TRAVELING ON SATURDAY WHILE IN OFFICIAL TRANSFER FROM THEIR OLD STATION TO THEIR NEW STATION IN MILWAUKEE, WICONSIN.

SECTION 1 OF THE ACT OF JUNE 3, 1941, 55 STAT. 241 ( PUBLIC NO. 100), PROVIDES AS FOLLOWS:

THAT COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK COMPUTED AT A RATE OF ONE AND ONE-HALF TIMES THE REGULAR RATE IS HEREBY AUTHORIZED TO BE PAID, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, TO THOSE PER ANNUM EMPLOYEES IN THE FIELD SERVICE OF THE WAR DEPARTMENT, THE PANAMA CANAL, THE NAVY DEPARTMENT, AND THE COAST GUARD, WHOSE OVERTIME SERVICES ARE ESSENTIAL TO AND DIRECTLY CONNECTED WITH THE EXPEDITIOUS PROSECUTION OF THE OVERTIME WORK UPON WHICH THE EMPLOYEES ENUMERATED IN SECTION 5 (A) OF THE ACT OF JUNE 28, 1940, AND SECTION 1 OF THE ACT OF OCTOBER 21, 1940, ARE ENGAGED: PROVIDED, THAT IN DETERMINING THE OVERTIME COMPENSATION OF THE FOREGOING PER ANNUM EMPLOYEES THE PAY FOR ONE DAY SHALL BE CONSIDERED TO BE ONE THREE-HUNDRED-AND- SIXTIETH OF THE RESPECTIVE PER ANNUM SALARIES.' ( ITALICS SUPPLIED.)

THE DECISION OF JUNE 18, 1935, 14 COMP. GEN. 907, QUOTED BY THE AREA ENGINEER, MILWAUKEE ORDNANCE PLANT, HELD THAT OFFICIAL TRAVEL TIME IS NOT "LABOR" FOR PER DIEM EMPLOYEES WITHIN THE MEANING OF THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, 48 STAT. 522, AND, ACCORDINGLY THAT OVERTIME COMPENSATION COULD NOT BE PAID FOR TRAVEL TIME TO EMPLOYEES COMING WITHIN THE PURVIEW OF THAT STATUTE. THE TERM "LABOR" DOES NOT APPEAR IN THE ACT OF JUNE 3, 1941, BUT OVERTIME COMPENSATION IS PAYABLE UNDER THAT STATUTE "FOR EMPLOYMENT IN EXCESS OF 40 HOURS.' OFFICIAL TRAVEL TIME DURING WHICH AN EMPLOYEE IS IN A PAY STATUS APPEARS PROPERLY FOR REGARDING AS "EMPLOYMENT" WITHIN THE MEANING OF THE ACT OF JUNE 3, 1941. SEE 21 COMP. GEN. 724.

PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT, WHICH VOUCHER, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH.