B-31535, JAN 7, 1943

B-31535: Jan 7, 1943

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UNITED STATES CIVIL SERVICE COMMISSION: I HAVE YOUR LETTER OF JANUARY 4. 1942 WAS A REGULAR EIGHT-HOUR DAY. "A DECISION IS REQUESTED AS TO WHETHER THE COMMISSION IS AUTHORIZED TO COMPENSATE ITS EMPLOYEES ON THE BASIS OF A FORTY-EIGHT HOUR WORK WEEK EFFECTIVE ON AND AFTER DECEMBER 21. THE DATE OF ISSUANCE OF THESE REGULATIONS SHALL BE PAID ON THE BASIS OF THE OFFICIAL HOURS OF DUTY WHICH EMPLOYEES WERE REQUIRED TO WORK DURING SUCH PERIOD AND ON THE BASIS OF ANY ADDITIONAL OVERTIME OFFICIALLY ORDERED OR APPROVED AND CURRENTLY RECORDED. BOTH THE STATUTE AND THE REGULATIONS OF THE PRESIDENT ARE RETROACTIVELY EFFECTIVE TO DECEMBER 1. 1942 (THE DATE THE REGULATIONS WERE ISSUED). THAT IS AUTHORIZED BY SECTION 3 OF THE REGULATIONS FOR THE REMAINDER OF THE PERIOD COVERED BY THE STATUTE.

B-31535, JAN 7, 1943

HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE

PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION:

I HAVE YOUR LETTER OF JANUARY 4, 1943, AS FOLLOWS:

"PURSUANT TO THE REQUEST OF THE PRESIDENT CONTAINED IN THE MEMORANDUM OF DECEMBER 24, 1942 ANNOUNCING THE SIGNING OF S.J. RES. 170, THE COMMISSION ON DECEMBER 24, 1942 DIRECTED THAT EFFECTIVE IMMEDIATELY THE REGULAR WORK WEEK FOR ALL COMMISSION EMPLOYEES SHOULD BE FORTY-EIGHT HOURS, CONSEQUENTLY, DECEMBER 26, 1942 WAS A REGULAR EIGHT-HOUR DAY.

"A DECISION IS REQUESTED AS TO WHETHER THE COMMISSION IS AUTHORIZED TO COMPENSATE ITS EMPLOYEES ON THE BASIS OF A FORTY-EIGHT HOUR WORK WEEK EFFECTIVE ON AND AFTER DECEMBER 21, 1942."

SECTION 4 OF THE ACT OF DECEMBER 22, 1942, PUBLIC LAW 821, PROVIDES, IN PART, AS FOLLOWS:

"THIS JOINT RESOLUTION SHALL TAKE EFFECT AS OF DECEMBER 1, 1942, ***"

EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, CONTAINS THE FOLLOWING PERTINENT SECTIONS:

"SECTION 3. OVERTIME COMPENSATION OF PER ANNUM EMPLOYEES FOR EMPLOYMENT DURING AN OFFICIALLY ESTABLISHED REGULAR WORKWEEK IN EXCESS OF 40 HOURS MAY BE CALCULATED ON AN ANNUAL BASIS AND PAID IN EQUAL AMOUNTS ON THE REGULAR MONTHLY OR SEMI-MONTHLY PAY DAYS.

"SECTION 5. OVERTIME COMPENSATION FOR EMPLOYMENT IN EXCESS OF 40 HOURS PER WEEK DURING THE PERIOD BETWEEN DECEMBER 1, 1942, AND THE DATE OF ISSUANCE OF THESE REGULATIONS SHALL BE PAID ON THE BASIS OF THE OFFICIAL HOURS OF DUTY WHICH EMPLOYEES WERE REQUIRED TO WORK DURING SUCH PERIOD AND ON THE BASIS OF ANY ADDITIONAL OVERTIME OFFICIALLY ORDERED OR APPROVED AND CURRENTLY RECORDED.

"SECTION 8. THIS ORDER SHALL TAKE EFFECT AS OF DECEMBER 1, 1942, AND SHALL BE PUBLISHED IN THE FEDERAL REGISTER."

BOTH THE STATUTE AND THE REGULATIONS OF THE PRESIDENT ARE RETROACTIVELY EFFECTIVE TO DECEMBER 1, 1942. SECTION 3 OF THE PRESIDENT'S REGULATIONS AUTHORIZES A PROCEDURE FOR COMPUTING THE OVERTIME COMPENSATION ON AN ANNUAL BASIS AND FOR PAYMENT THEREOF IN EQUAL AMOUNTS ON REGULAR PAY DAYS. THIS CONTEMPLATES A PRORATING OF THE OVERTIME COMPENSATION ON AN ANNUAL BASIS FOR ANY WORKWEEK OF THE YEAR BASED ON THE AMOUNT OF OVERTIME PERFORMED DURING THAT WEEK. SECTION 5 OF THE PRESIDENT'S REGULATIONS WOULD APPEAR TO CONTEMPLATE THE SAME PROCEDURE FOR THE PERIOD BETWEEN DECEMBER 1, 1942, AND DECEMBER 26, 1942 (THE DATE THE REGULATIONS WERE ISSUED), THAT IS AUTHORIZED BY SECTION 3 OF THE REGULATIONS FOR THE REMAINDER OF THE PERIOD COVERED BY THE STATUTE. AS THE EMPLOYEES OF THE CIVIL SERVICE COMMISSION WORKED 8 HOURS DURING THE WORKWEEK BEGINNING MONDAY, DECEMBER 21, 1942, THE QUESTION PRESENTED IN YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE.