B-31258, JANUARY 9, 1943, 22 COMP. GEN. 636

B-31258: Jan 9, 1943

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FOR CERTAIN CLASSES OF EMPLOYEES IS PAYABLE ONLY FOR "EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK. WHICH REGULATIONS LIMIT TO 8 HOURS PER WEEK THE TIME FOR WHICH OVERTIME COMPENSATION IS PAYABLE UNLESS AN EMPLOYEE BE DESIGNATED FOR SPECIAL OVERTIME WORK. OF A TRUCK DRIVER FOR WHOM THE TRAVEL INCIDENT TO HIS WORK IS ACTIVE DUTY (SEE 21 COMP. AN EMPLOYEE WHO SPENDS TIME AT A TEMPORARY DUTY STATION IS IN A "TRAVEL STATUS. " BUT SUCH TIME IS NOT "TRAVEL TIME. " AND IN ORDER TO BE ENTITLED TO THE SAME OVERTIME COMPENSATION AS WHEN HE IS AT HIS PERMANENT HEADQUARTERS. THERE IS SUBMITTED HEREWITH A PAY ROLL FOR PERSONAL SERVICES OF JAMES S. WITH REQUEST THAT A DECISION BE RENDERED AS TO HOW MUCH OF THE TIME THAT AN EMPLOYEE IS IN A TRAVEL STATUS UNDER COMPETENT ORDERS CAN OR SHOULD BE REGARDED AS "OVERTIME" FOR WHICH PAYMENT AT TIME AND ONE-HALF THE REGULAR RATE OF PAY MAY BE MADE. 2.

B-31258, JANUARY 9, 1943, 22 COMP. GEN. 636

COMPENSATION - OVERTIME - TRAVEL TIME THE OVERTIME COMPENSATION AUTHORIZED BY THE ACT OF OCTOBER 21, 1940, AS EXTENDED, FOR CERTAIN CLASSES OF EMPLOYEES IS PAYABLE ONLY FOR "EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK," AND, THEREFORE, A SPECIAL PAY ROLL TO ACCOMPLISH SUCH A PAYMENT SHOULD NOT BE STATED TO SHOW THE SERVICE RENDERED DURING A DAY OR TWO ONLY, BUT, RATHER, THE PAY ROLL SHOULD COVER, AT LEAST, AN ENTIRE WEEK'S TIME, SHOWING THE AMOUNT, IF ANY, PAID ON THE REGULAR ROLL FOR THE SAME PERIOD, WITH COMPUTATION OF OVERTIME ACCORDINGLY. UNDER THE ADMINISTRATIVE REGULATIONS ISSUED BY THE WAR DEPARTMENT WITH RESPECT TO PAYMENT OF OVERTIME COMPENSATION TO CERTAIN CLASSES OF EMPLOYEES UNDER THE ACT OF OCTOBER 21, 1940, AS EXTENDED, WHICH REGULATIONS LIMIT TO 8 HOURS PER WEEK THE TIME FOR WHICH OVERTIME COMPENSATION IS PAYABLE UNLESS AN EMPLOYEE BE DESIGNATED FOR SPECIAL OVERTIME WORK, IN NO EVENT COULD AN EMPLOYEE WHO HAS NOT BEEN DESIGNATED FOR SPECIAL OVERTIME WORK BE PAID OVERTIME COMPENSATION UNDER THE ACT FOR MORE THAN 8 HOURS IN ONE WORKWEEK, WHETHER FOR OFFICIAL TRAVEL TIME OR OTHERWISE. IN THE ABSENCE OF SPECIAL CIRCUMSTANCES, SUCH AS IN THE CASE, FOR EXAMPLE, OF A TRUCK DRIVER FOR WHOM THE TRAVEL INCIDENT TO HIS WORK IS ACTIVE DUTY (SEE 21 COMP. GEN. 724), ONLY THAT PORTION OF AN EMPLOYEE'S OFFICIAL TRAVEL TIME (OR INCIDENTAL WAITING TIME) WHICH FALLS WITHIN REGULAR WORKING HOURS--- INCLUDING OVERTIME REGULARLY ESTABLISHED--- MAY BE CONSIDERED AS "EMPLOYMENT" IN COMPUTING OVERTIME COMPENSATION UNDER THE ACT OF OCTOBER 21, 1940, AS EXTENDED TO NOVEMBER 30, 1942, APPLICABLE TO CERTAIN CLASSES OF WAR DEPARTMENT AND PANAMA CANAL EMPLOYEES, OR UNDER THE ACT OF DECEMBER 22, 1942, EXTENDING, WITH CERTAIN EXCEPTIONS, TO GOVERNMENT EMPLOYEES GENERALLY THE OVERTIME COMPENSATION PROVISIONS OF CERTAIN PRIOR LAWS, INCLUDING THE SAID ACT OF OCTOBER 21, 1940. 22 COMP. GEN. 105, MODIFIED. FOR PURPOSES OF COMPUTING OVERTIME COMPENSATION UNDER THE ACT OF OCTOBER 21, 1940, AS EXTENDED TO NOVEMBER 30, 1942, APPLICABLE TO CERTAIN CLASSES OF WAR DEPARTMENT AND PANAMA CANAL EMPLOYEES, OR UNDER THE ACT OF DECEMBER 22, 1942, APPLICABLE, WITH CERTAIN EXCEPTIONS, TO GOVERNMENT EMPLOYEES GENERALLY, AN EMPLOYEE WHO SPENDS TIME AT A TEMPORARY DUTY STATION IS IN A "TRAVEL STATUS," BUT SUCH TIME IS NOT "TRAVEL TIME," AND IN ORDER TO BE ENTITLED TO THE SAME OVERTIME COMPENSATION AS WHEN HE IS AT HIS PERMANENT HEADQUARTERS, HE SHOULD BE REQUIRED TO WORK THE SAME NUMBER OF HOURS AT THE TEMPORARY STATION AS HE DOES WHILE AT HIS PERMANENT HEADQUARTERS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, JANUARY 9, 1943:

IN THIRD ENDORSEMENT DATED DECEMBER 16, 1942, YOU REQUEST DECISION ON THE QUESTIONS PRESENTED IN LETTER OF OCTOBER 12, 1942, FROM MAJOR D. A. PHELAN, CORPS OF ENGINEERS, THE LETTER READING AS FOLLOWS:

1. THERE IS SUBMITTED HEREWITH A PAY ROLL FOR PERSONAL SERVICES OF JAMES S. NUSSEAR, JR., SENIOR ARCHITECT, P-5, AT $4600 PER ANNUM, COVERING PAYMENT OF OVERTIME, WITH REQUEST THAT A DECISION BE RENDERED AS TO HOW MUCH OF THE TIME THAT AN EMPLOYEE IS IN A TRAVEL STATUS UNDER COMPETENT ORDERS CAN OR SHOULD BE REGARDED AS "OVERTIME" FOR WHICH PAYMENT AT TIME AND ONE-HALF THE REGULAR RATE OF PAY MAY BE MADE.

2. MR. NUSSEAR WAS TRAVELING UNDER WRITTEN ORDER DATED SEPTEMBER 14, 1942. A COPY OF THIS ORDER IS ENCLOSED. HE LEFT HIS HOME STATION AT WASHINGTON, D.C. AT 1:00 A.M., SEPTEMBER 16, 1942 AND RETURNED THERETO AT 7:58 A.M., SEPTEMBER 17, 1942. A COPY OF THE ITINERARY IS ENCLOSED.

3. BY MSS. DEC. B-27549, DATED JULY 31, 1942 (22 COMP. GEN. 105), THE COMPTROLLER GENERAL HELD THAT "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.'

4. THE SPECIFIC QUESTIONS ARE:

A. WHAT PORTION OF THE JOURNEY PERFORMED BY MR. NUSSEAR IS PROPERLY FOR REGARDING AS ,EMPLOYMENT?

B. WILL THE DECISION AS TO A, WHICH INVOLVES A PROFESSIONAL EMPLOYEE, BE EQUALLY APPLICABLE TO ALL CLASSES OF EMPLOYEES OF THIS FIELD SERVICE IN ACCORDANCE WITH THE DETERMINATION MADE BY THE CHIEF OF ENGINEERS IN ACCORDANCE WITH THE ACT OF OCTOBER 21, 1940 ( PUBLIC LAW NO. 873, 76TH CONGRESS) AND WITH THE AUTHORITY OF THE SECRETARY OF WAR DATED JANUARY 13, 1942?

C. WHAT DISTINCTION IS THERE BETWEEN "TRAVEL TIME" AND "TRAVEL STATUS?

TRAVEL ORDER NO. 375, ISSUED TO MR. NUSSEAR ON SEPTEMBER 14, 1942, BY THE EXECUTIVE ASSISTANT, OFFICE OF THE DIVISION ENGINEER, READS AS FOLLOWS:

1. UNDER AUTHORITY OF THE SECRETARY OF WAR DATED NOVEMBER 21, 1941, AND OF THE CHIEF OF ENGINEERS DATED SEPTEMBER 1, 1942, YOU WILL PROCEED FROM YOUR STATION AT WASHINGTON, D.C. TO MITCHEL FIELD, LONG ISLAND, NEW YORK AND VICINITY ON TEMPORARY DUTY IN CONNECTION WITH APPROVAL OF PLANS FOR CAMP SPRINGS, MARYLAND AND UPON COMPLETION RETURN TO WASHINGTON, D.C.

2. TRANSPORTATION WILL BE FURNISHED AND A PER DIEM OF $6.00 IS AUTHORIZED IN ACCORDANCE WITH PROVISIONS OF EXISTING LAW AND REGULATIONS.

3. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND ALL EXPENSES INCIDENT THERETO ARE CHARGEABLE TO " E.S.A., 1942-43," ENG 32276 P211-02 A 10905-23.

BY DIRECTION OF THE DIVISION ENGINEER:

IN COMPLIANCE WITH THE ABOVE-QUOTED TRAVEL ORDER, MR. NUSSEAR COMPLETED THE FOLLOWING ITINERARY:

CHART

LEFT WASHINGTON, D.C., ( SEPTEMBER 16, 1942) ------- 1:00 A.M.

ARRIVED JERSEY CITY ---------------------------------- 6:30 A.M.

LEFT JERSEY CITY ------------------------------------- 7:31 A.M.

ARRIVED NEW YORK CITY ------------------------------- 8:10 A.M.

LEFT NEW YORK CITY FOR HEMPSTEAD ( LONG ISLAND

R.R.) ----------------------------------- 10:03 A.M.

ARRIVED HEMPSTEAD ------------------------------------- 10:51 A.M.

LEFT HEMPSTEAD FOR MITCHEL FIELD ( TAXI) ----------- 11:00 A.M.

ARRIVED MITCHELL FIELD ------------------------------- 11:20 A.M.

LEFT MITCHEL FIELD ( TAXI) -------------------------- 6:45 P.M.

ARRIVED HEMPSTEAD ------------------------------------- 7:05 P.M.

LEFT HEMPSTEAD FOR NEW YORK CITY ------------------- 8:10 P.M.

ARRIVED NEW YORK CITY ------------------------------- 9:00 P.M.

LEFT NEW YORK CITY FOR JERSEY CITY ( BUS) -------- 10:09 P.M.

ARRIVED JERSEY CITY ---------------------------------- 11:00 P.M.

LEFT JERSEY CITY ( SEPTEMBER 17, 1942) -------------- 1:02 A.M.

ARRIVE BALTIMORE -------------------------------------- 6:04 A.M.

LEFT BALTIMORE ---------------------------------------- 7:10 A.M.

ARRIVED WASHINGTON, D.C. ( SEPTEMBER 17, 1942) ------ 7:58 A.M.

THE UNCERTIFIED PAY ROLL SUBMITTED PROPOSES PAYMENT IN THE AMOUNT OF $35.93 FOR FIFTEEN HOURS' OVERTIME (EVIDENTLY DERIVED FROM THE SUM OF THE SEVERAL PERIODS OF ACTUAL TRANSPORTATION TIME EN ROUTE BOTH WAYS), WHICH WAS COMPUTED AT TIME AND ONE-HALF, OR TWO AND THIRTEEN SIXTEENTHS' DAYS, MULTIPLIED BY THE EMPLOYEE'S DAILY RATE OF PAY (PER ANNUM RATE DIVIDED BY 360). THE STATUTORY AUTHORITY CITED (ACT OF OCTOBER 21, 1940, 54 STAT. 1205) READS AS FOLLOWS:

THAT NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK COMPUTED AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE IS HEREBY AUTHORIZED TO BE PAID AT SUCH PLACES AND TO SUCH MONTHLY, PER DIEM, HOURLY, AND PIECEWORK EMPLOYEES OF THE FIELD SERVICES OF THE WAR DEPARTMENT AND THE FIELD SERVICES OF THE PANAMA CANAL WHOSE WAGES ARE SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES, AND ALSO TO PROFESSIONAL AND SUBPROFESSIONAL EMPLOYEES, AND TO BLUEPRINTERS, PHOTOSTAT AND ROTAPRINT OPERATORS, INSPECTORS, STOREKEEPERS, TOOLKEEPERS, AND SHOP SUPERINTENDENTS OF THE CAF SERVICE, AS DEFINED BY THE CLASSIFICATION ACT OF MARCH 4, 1923 (42 STAT. 1488; 5 U.S.C. CH. 13), AS AMENDED, AS SHALL BE DESIGNATED FROM TIME TO TIME BY THE SECRETARY OF WAR OR THE GOVERNOR OF THE PANAMA CANAL, AS THE CASE MAY BE, AND THE SECRETARY OF WAR AND THE GOVERNOR OF THE PANAMA CANAL ARE AUTHORIZED TO PRESCRIBE FOR THEIR RESPECTIVE SERVICES, REGULATIONS FOR OVERTIME EMPLOYMENT FOR SAID EMPLOYEES OR ANY OF THEM; PROVIDED, THAT IN DETERMINING THE OVERTIME COMPENSATION OF THE FOREGOING PER ANNUM GOVERNMENT EMPLOYEES THE PAY FOR ONE DAY SHALL BE CONSIDERED TO BE ONE THREE-HUNDRED-AND-SIXTIETH OF THEIR RESPECTIVE PER ANNUM SALARIES.

SEC. 2. THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE DURING THE NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON SEPTEMBER 8, 1939, TO EXIST, AND SHALL TERMINATE JUNE 30, 1942, UNLESS THE CONGRESS SHALL OTHERWISE PROVIDE.

THE ABOVE-QUOTED ACT WAS CONTINUED IN FORCE UNTIL SEPTEMBER 30, 1942, BY THE ACT OF JULY 3, 1942, PUBLIC LAW 652, 56 STAT. 645, AND WAS FURTHER EXTENDED TO NOVEMBER 30, 1942, BY THE ACT OF OCTOBER 2, 1942, PUBLIC LAW 728, 56 STAT. 765, AND WITH CERTAIN LIMITATIONS, TO APRIL 30, 1943, BY THE JOINT RESOLUTION APPROVED DECEMBER 22, 1942, PUBLIC LAW 821, 56 STAT. 1068.

ACCORDING TO CIRCULAR LETTER NO. 1403, ISSUED BY THE OFFICE OF THE CHIEF OF ENGINEERS MARCH 19, 1942, THE AUTHORITY TO DESIGNATE THE PROFESSIONAL EMPLOYEES WHO MIGHT BE ELIGIBLE FOR OVERTIME UNDER THE BASIC STATUTE WAS DELEGATED TO THE CHIEF OF ENGINEERS BY THE SECRETARY OF WAR ON JANUARY 13, 1942, AND ON FEBRUARY 19, BY CIRCULAR LETTER NO. 1236, ISSUED BY ORDER OF THE CHIEF OF ENGINEERS, ALL EMPLOYEES OF THE FIELD SERVICE OF THE ENGINEER DEPARTMENT OF THE PROFESSIONAL (AMONG OTHER) CLASSIFICATIONS, WERE DESIGNATED "FOR EMPLOYMENT ON A FORTY-HOUR WEEK BASIS WITH PAYMENT OF COMPENSATION AT THE RATE OF TIME AND ONE HALF FOR ALL TIME SERVED IN EXCESS OF FORTY HOURS PER WEEK * * *.'

THE PARTICULAR EMPLOYEE'S ELIGIBILITY THUS ESTABLISHED, OVERTIME IS PAYABLE TO HIM WITHIN THE LIMITS OF THE ADMINISTRATIVE REGULATIONS FOR "EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK.' HOWEVER, A SPECIAL PAY ROLL TO ACCOMPLISH SUCH A PAYMENT SHOULD NOT BE STATED TO SHOW THE SERVICE RENDERED DURING A DAY OR TWO ONLY; RATHER, SINCE NO TIME IS PAYABLE EXCEPT THAT SHOWN OR CERTIFIED TO EXCEED FORTY HOURS IN ANY WORKWEEK (18 COMP. GEN. 575), A SPECIAL PAY ROLL TO BE STATED SHOULD COVER, AT LEAST, AN ENTIRE WEEK'S TIME, SHOWING THE AMOUNT, IF ANY, PAID ON THE REGULAR ROLL FOR THE SAME PERIOD, WITH COMPUTATION OF OVERTIME ACCORDINGLY. COMPARE 21 COMP. GEN. 724.

(A) THE DISTRICT ENGINEER'S FIRST QUESTION IS AS TO WHAT PORTION OF THE EMPLOYEE'S JOURNEY IS ,EMPLOYMENT.' THE DECISION OF JULY 31, 1942, 22 COMP. GEN. 105, TO WHICH HE REFERS, APPROVED PAYMENT FOR SATURDAYS, OUTSIDE THE REGULAR TOUR OF FORTY-HOUR DUTY, IN THE CASE OF CERTAIN EMPLOYEES WHO WERE IN TRANSIT INCIDENT TO CHANGE OF STATION. AN EARLIER DECISION AGAINST SUCH PAYMENT (14 COMP. GEN. 907) WAS DISTINGUISHED, SINCE THE PREVIOUS STATUTE SPECIFIED "LABOR"--- NOT MERELY "EMPLOYMENT"--- IN EXCESS OF FORTY HOURS. WHAT LIMITATIONS THERE MIGHT BE, IF ANY, TO THE COUNTING OF TRAVEL TIME AS EMPLOYMENT WAS NOT THERE PRESENTED FOR DECISION.

REFERRING SPECIFICALLY TO THE TRAVEL OF MR. NUSSEAR, IT WILL BE OBSERVED THAT THE STATUTE DOES NOT LEAVE TO THE EMPLOYEE'S DISCRETION WHAT OVERTIME HE MAY SERVE FOR COMPENSATION, BUT DIRECTS THE PRESCRIBING OF REGULATIONS THEREFOR. OFFICE OF THE CHIEF OF ENGINEERS CIRCULAR LETTER NO. 1403, OF MARCH 19, 1942, READS, IN PART:

POLICY REGARDING OVERTIME

22. DIVISION ENGINEERS, DISTRICT ENGINEERS, AND OTHER EMPLOYING OFFICERS ARE RESPONSIBLE FOR DETERMINING THE NECESSITY FOR OVERTIME WORK OF EMPLOYEES IN THE FIELD SERVICE IN EXCESS OF 40 HOURS PER WEEK. THESE OFFICERS SHOULD SET A MAXIMUM NUMBER OF HOURS ABOVE 40 HOURS PER WEEK, USUALLY 8 HOURS AS PRESCRIBED BY WAR DEPARTMENT ORDERS A, FOR WHICH OVERTIME WORK MAY BE PERFORMED BY ANNUAL EMPLOYEES WITHOUT ADDITIONAL WRITTEN AUTHORITY. DISTRICT ENGINEERS AND OTHER EMPLOYING OFFICERS MAY DELEGATE AUTHORITY TO RESPONSIBLE OFFICIALS IN CHARGE OF PROJECTS OR DIVISIONS OF OFFICES EITHER TO DESIGNATE EMPLOYEES FOR SPECIAL OVERTIME WORK OR TO EXCUSE THEM FROM OVERTIME WORK WHEN, IN THE JUDGMENT OF THE OFFICER CONCERNED, THE EXTRA HOURS WOULD RESULT IN IMPAIRMENT OF THE HEALTH OR EFFICIENCY OF SUCH EMPLOYEES. IN DELEGATING AUTHORITY TO PRESCRIBE OVERTIME, DISTRICT ENGINEERS OR DIVISION ENGINEERS SHOULD SET A MAXIMUM NUMBER OF HOURS FOR WHICH SUBORDINATE OFFICIALS MAY REQUIRE OVERTIME OF EMPLOYEES UNDER THEIR CHARGE; E.G., AUTHORITY FOR OVERTIME IN EXCESS OF 56 HOURS PER WEEK SHOULD BE GIVEN BY THE DISTRICT ENGINEER PERSONALLY. THE INSTRUCTIONS DELEGATING AUTHORITY TO PRESCRIBE OVERTIME SHOULD PROVIDE THAT ORDERS FOR OVERTIME BE IN WRITING; ORDERS ISSUED PERSONALLY BY DISTRICT ENGINEERS OR OTHER EMPLOYING OFFICERS PRESCRIBING OVERTIME ABOVE THE MAXIMUM FOR WHICH SUBORDINATE OFFICIALS MAY ORDER OVERTIME ALSO SHOULD BE IN WRITING.

27. IN COMPUTING THE TIME IN EXCESS OF 40 HOURS PER WEEK EARNED BY PROFESSIONAL EMPLOYEES, AS WELL AS EMPLOYEES OF THE SUBPROFESSIONAL AND CAF SERVICES, WORK PERFORMED IN EXCESS OF EIGHT HOURS IN A CALENDAR DAY NECESSARY TO DISPOSE OF THE DAY'S ACCUMULATION OF WORK, AS DISTINGUISHED FROM WORK ORDERED FOR A SPECIAL PURPOSE, SUCH AS TO ACCOMPLISH A SPECIAL ASSIGNMENT BY A FIXED DATE OR HOUR, WILL NOT BE CONSIDERED AS OVERTIME OR AS TIME TO BE COUNTED IN ARRIVING AT THE NUMBER OF HOURS SERVED IN EXCESS OF 40 HOURS PER WEEK.

THERE APPEARS NO DESIGNATION FOR SPECIAL OVERTIME OF THE PRESENT EMPLOYEE IN EXCESS OF THE GENERAL ORDER FOR EIGHT HOURS; HENCE, IN NO EVENT COULD THERE BE PAYABLE OVERTIME FOR MORE THAN EIGHT HOURS IN ONE WORKWEEK, WHETHER FOR TRAVEL TIME OR OTHERWISE.

IT IS NOT TO BE UNDERSTOOD THAT AN EMPLOYEE WHO IS SENT ON AN EXTENDED TRIP, IN TRAVEL STATUS AND WITH EXPENSES PAID FOR SEVERAL DAYS, WEEKS, OR LONGER, IS TO BE REGARDED AS CONTINUOUSLY IN ,EMPLOYMENT" FOR OVERTIME PURPOSES MERELY BECAUSE HE IS IN A TRAVEL STATUS OR IS PROCEEDING EN ROUTE, SINCE, IN FACT, DURING A GREATER OR LESSER PORTION OF SUCH PERIOD HE IS RELIEVED OF ANY DUTIES AND IS FREE TO SEEK REST, RECREATION, OR OTHER PERSONAL PURSUITS. ON THE OTHER HAND, WHEN A REGULAR WORKWEEK, INCLUDING SOME OVERTIME, HAS BEEN ESTABLISHED FOR AN EMPLOYEE (SUCH AS SIX DAYS OF EIGHT HOURS EACH), AND, ON OCCASION, HIS DIRECTED TRAVEL REQUIRES HIM TO BE AWAY FROM HIS HEADQUARTERS DURING ANY PART OF SUCH ESTABLISHED WORKWEEK, HIS COMPLIANCE WITH THE TRAVEL ORDER DOES NOT RELEGATE HIM TO A STATUS OF NONEMPLOYMENT, EITHER FOR THE HOUR OF OVERTIME OR FOR THE HOURS OF "STRAIGHT" TIME. IN OTHER WORDS, OFFICIAL TRAVEL (OR INCIDENTAL WAITING TIME) DURING REGULAR WORKING HOURS IS "EMPLOYMENT" WITHIN THE MEANING OF THE 1940 STATUTE WHILE, OUTSIDE OF SUCH HOURS, GENERALLY IT IS NOT. THE LATTER GENERALIZATION WOULD NOT HOLD TRUE IN THE CASE, FOR EXAMPLE, OF A TRUCK DRIVER FOR WHOM THE TRAVEL INCIDENT TO HIS WORK IS ACTIVE DUTY (21 COMP. GEN. 724), AND THERE MAY BE OTHER EXCEPTIONS NOT SUGGESTED BY THE PRESENT RECORD.

(B) THE VIEW THAT OFFICIAL TRAVEL DURING REGULARLY ASSIGNED WORKING HOURS IS "EMPLOYMENT" WOULD SEEM APPLICABLE TO ALL CLASSES REFERRED TO IN THE CIRCULAR LETTERS CITED AND TO ANY SIMILAR CLASSES IN THE AUTHORITY FROM THE SECRETARY OF WAR OF JANUARY 13, 1942. WHAT FURTHER HOURS, IF ANY, MIGHT BE CLAIMED BY SPECIAL CLASSES OF EMPLOYEES CANNOT BE ANSWERED CATEGORICALLY (SEE THE ABOVE PARAGRAPH), BUT, AS A RULE, NO EXTRA HOURS, BEYOND THE USUAL TOUR OF DUTY, WOULD BE FOR CREDITING UNLESS THE INDIVIDUAL'S EMPLOYMENT WERE BOTH ACTIVE AND APPROVED. FOR TRAVEL OCCURRING AFTER NOVEMBER 30, 1942, THE SAME RESULT WOULD SEEM TO FOLLOW FROM THE REGULATIONS CONTAINED IN EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, SECTION 2. (C) A DISTINCTION SUGGESTS ITSELF FOR PRESENT PURPOSES BETWEEN "TRAVEL STATUS" AND "TRAVEL E," SINCE, DURING THE TIME SPENT AT A TEMPORARY POST, THE EMPLOYEE IS IN TRAVEL STATUS BUT IT IS NOT TRAVEL TIME. THUS, AN EMPLOYEE, WHILE AT A TEMPORARY POST, WOULD EXPECT TO WORK THE SAME NUMBER OF HOURS AS HE DOES WHILE AT HIS PERMANENT HEADQUARTERS, TO BE ENTITLED TO THE SAME OVERTIME PAY.

IN VIEW OF THE FOREGOING, PAYMENT ON THE VOUCHER AS SUBMITTED IS NOT AUTHORIZED, AND IT WILL BE RETAINED IN THIS OFFICE.

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