B-31623, MARCH 5, 1943, 22 COMP. GEN. 868

B-31623, MARCH 5, 1943, 22 COMP. GEN. 868

OVERTIME COMPENSATION UNDER ACT OF DECEMBER 22, 1942 - METHOD OF COMPUTATION FOR FULL TIME EMPLOYEES PAID ON PER DIEM BASIS FOR 6 DAYS PER WEEK UNDER THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, AND EXECUTIVE ORDER NO. 9289 ISSUED IN CONNECTION THEREWITH, THE PRORATED OVERTIME COMPENSATION FOR ONE DAY FOR FULL TIME EMPLOYEES WHO REGULARLY WORK A 6-DAY, 48-HOUR WEEK AND WHO ARE PAID ON A PER DIEM BASIS FOR EVERY DAY IN THE YEAR EXCEPT SUNDAYS SHOULD BE COMPUTED BY MULTIPLYING THE BASIC DAILY RATE BY 313 (365 LESS 52 SUNDAYS) TO DETERMINE THE EQUIVALENT ANNUAL RATE, WHICH RATE SHOULD BE DIVIDED BY 360 TO ASCERTAIN THE DAILY RATE FOR OVERTIME PURPOSES, AND SUCH DAILY RATE SHOULD BE MULTIPLIED BY ONE AND ONE -HALF (THE OVERTIME RATE) AND THAT AMOUNT MULTIPLIED BY 52 (WEEKS IN A YEAR) TO DETERMINE THE PER ANNUM OVERTIME RATE, FROM WHICH THE DAILY RATE OF OVERTIME COMPENSATION IS OBTAINED BY DIVIDING THE SAID PER ANNUM OVERTIME RATE BY 313. WHERE A PER DIEM EMPLOYEE, WHO NORMALLY WORKS AND RECEIVES PAY FOR EACH OF THE 6 DAYS OF THE ADMINISTRATIVE 48-HOUR WORKWEEK (NO PAY BEING RECEIVED FOR SUNDAY), IS ABSENT ON A MONDAY ON LEAVE WITHOUT PAY, EITHER APPROVED OR UNAPPROVED, THERE SHOULD BE WITHHELD THE EMPLOYEE'S BASIC COMPENSATION, AS WELL AS THE PRO RATA OVERTIME COMPENSATION (AS HEREIN COMPUTED), FOR ONLY ONE DAY.

COMPTROLLER GENERAL WARREN TO THE UNITED STATES COMMISSIONER, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, MARCH 5, 1943:

I HAVE YOUR LETTER OF FEBRUARY 18, 1943, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION B-31623 DATED JANUARY 14, 1943 IN WHICH IT WAS HELD THAT THE SKILLED, SEMI-SKILLED AND COMMON LABORERS OF THIS AGENCY ARE ENTITLED TO OVERTIME COMPENSATION ON THE BASIS OF ONE AND ONE-HALF THE REGULAR RATE FOR ALL WORK PERFORMED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORK-WEEK, IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 821. LABORERS OF THIS AGENCY ARE EMPLOYED AT DAILY RATES OF COMPENSATION, AND THEY ARE REQUIRED TO WORK 8 HOURS PER DAY, 6 DAYS PER WEEK.

FRANCISCO ARCOLA, LABORER, WITH COMPENSATION AT THE RATE OF $3.00 PER DAY WORKED FULL TIME, 48 HOURS PER WEEK DURING THE FIRST HALF OF JANUARY 1943. ON JANUARY 25, HE WAS ABSENT FROM DUTY WITHOUT APPROVED LEAVE. WORKED 8 HOURS ON ALL OTHER DAYS DURING THE LAST HALF OF JANUARY WITH THE EXCEPTION OF SUNDAYS (17, 24, AND 31). HIS PAY PERIOD IS SEMI-MONTHLY. WILL YOU KINDLY ADVISE THE PROPER METHOD OF COMPUTING HIS COMPENSATION FOR THE LAST HALF OF JANUARY 1943, WOULD THE ANSWER BE DIFFERENT IF HE HAD BEEN ON APPROVED LEAVE WITHOUT PAY ON JANUARY 25? IF SO, HOW WOULD HIS COMPENSATION BE CALCULATED UNDER THAT CONDITION?

IN DECISION OF JANUARY 21, 1943, B-31789, 22 COMP. GEN. 683, TO THE SECRETARY OF LABOR (COPY ENCLOSED), INVOLVING THE CASE OF AN EMPLOYEE WHO WAS ABSENT WITHOUT PAY FOR ONE DAY IN A SEMI-MONTHLY PAY PERIOD, IT WAS STATED THAT:

* * * THERE SHOULD BE WITHHELD ONLY 1/360 OF THE GROSS COMPENSATION, INCLUDING BASIC AND OVERTIME FOR JANUARY 6, 1943, ON WHICH DAY THE EMPLOYEE WAS IN A NON-PAY STATUS (LEAVE WITHOUT PAY). * * *

HENCE, IN THE CASE PRESENTED THERE SHOULD BE WITHHELD THE EMPLOYEE'S BASIC COMPENSATION AS WELL AS THE PRO RATA OVERTIME COMPENSATION FOR ONE DAY'S ABSENCE ON JANUARY 25, 1943. HIS OVERTIME COMPENSATION FOR ONE DAY SHOULD BE COMPUTED BY MULTIPLYING THE DAILY RATE OF $3 BY 313 (365 LESS 52 SUNDAYS FOR WHICH HE IS NOT PAID), TO DETERMINE THE EQUIVALENT ANNUAL RATE, WHICH ANNUAL RATE SHOULD BE DIVIDED BY 360 TO DETERMINE THE DAILY RATE FOR OVERTIME PURPOSES, TO BE PRORATED ON A PER ANNUM BASIS PURSUANT TO SECTION 3 OF THE PRESIDENT'S REGULATIONS, EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, VIZ, $3 MULTIPLIED BY 313 EQUALS $939 PER ANNUM; $939, THE ANNUAL COMPENSATION DIVIDED BY 360 EQUALS $2.608, THE PER DIEM RATE FOR OVERTIME PURPOSES; THAT PER DIEM RATE MULTIPLIED BY ONE AND ONE- HALF EQUALS $3.912, WHICH AMOUNT MULTIPLIED BY 52 (WEEKS IN THE YEAR), WOULD EQUAL $203.424, THE PER ANNUM RATE OF OVERTIME COMPENSATION. THE OVERTIME ON A DAILY BASIS FOR 313 DAYS OF THE YEAR FOR WHICH THE EMPLOYEE IS PAID WOULD BE DETERMINED BY DIVIDING $203.424 BY 313, WHICH WOULD EQUAL THE SUM OF $0.6499. SEE THE DECISION OF FEBRUARY 10, 1943, B-32242, 22 COMP. GEN. 783, TO THE SECRETARY OF COMMERCE, A COPY OF WHICH IS ENCLOSED.

HENCE, THERE SHOULD BE DEDUCTED FROM THE TOTAL SEMI-MONTHLY COMPENSATION OF THE INVOLVED EMPLOYEE FOR ABSENCE WITHOUT PAY ON MONDAY, JANUARY 25, 1943, THE SUM OF $3.65 ($3 BASIC PLUS $0.65 OVERTIME). AS THE INVOLVED EMPLOYEE IS NOT PAID FOR SUNDAY IN ANY EVENT, THE RULE IS THE SAME WHETHER THE LEAVE OF ABSENCE WAS OR WAS NOT APPROVED IN ADVANCE. CF. 13 COMP. GEN. 206, 207.