B-31945, FEBRUARY 6, 1943, 22 COMP. GEN. 764

B-31945: Feb 6, 1943

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THOSE (EMPLOYEES) WHOSE WAGES ARE FIXED ON A DAILY OR HOURLY BASIS AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE" AND. WHOSE COMPENSATION IS FIXED BY THE POSTMASTER GENERAL UNDER THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28. ARE NOT WITHIN THE PURVIEW OF THE 1942 ACT BUT RATHER. THEIR REGULAR AND OVERTIME COMPENSATION IS REQUIRED TO BE COMPUTED AND PAID UNDER THE PROVISIONS OF THE 1934 ACT. FOR SKILLED TRADES WORKERS IN THE POST OFFICE MAIL EQUIPMENT SHOPS WHOSE COMPENSATION IS FIXED UNDER SECTION 23 OF THE SAID ACT APPLICABLE TO TRADES AND OCCUPATIONS AS THEREIN SPECIFIED. WHICH ACT RESTRICTED HOURS OF LABOR TO 40 PER WEEK WITH THE SAME WEEKLY COMPENSATION FOR FIVE DAYS THAT FORMERLY WAS RECEIVED FOR SIX DAYS.

B-31945, FEBRUARY 6, 1943, 22 COMP. GEN. 764

OVERTIME AND ADDITIONAL COMPENSATION UNDER ACT OF DECEMBER 22, 1942 - EMPLOYEES OF MAIL EQUIPMENT SHOPS THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, EXCEPTS FROM ITS PROVISIONS ,THOSE (EMPLOYEES) WHOSE WAGES ARE FIXED ON A DAILY OR HOURLY BASIS AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE" AND, THEREFORE, SKILLED TRADES WORKERS OF THE MAIL EQUIPMENT SHOPS, WHOSE COMPENSATION IS FIXED BY THE POSTMASTER GENERAL UNDER THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, ARE NOT WITHIN THE PURVIEW OF THE 1942 ACT BUT RATHER, THEIR REGULAR AND OVERTIME COMPENSATION IS REQUIRED TO BE COMPUTED AND PAID UNDER THE PROVISIONS OF THE 1934 ACT. THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, REQUIRES NO CHANGE IN THE FORMULA FOR COMPUTING OVERTIME COMPENSATION UNDER THE ACT OF MARCH 28, 1934, FOR SKILLED TRADES WORKERS IN THE POST OFFICE MAIL EQUIPMENT SHOPS WHOSE COMPENSATION IS FIXED UNDER SECTION 23 OF THE SAID ACT APPLICABLE TO TRADES AND OCCUPATIONS AS THEREIN SPECIFIED, WHICH ACT RESTRICTED HOURS OF LABOR TO 40 PER WEEK WITH THE SAME WEEKLY COMPENSATION FOR FIVE DAYS THAT FORMERLY WAS RECEIVED FOR SIX DAYS, RESULTING IN A CORRESPONDING INCREASE IN THE DAILY RATE OF COMPENSATION; AND, THEREFORE, OVERTIME COMPENSATION FOR THESE EMPLOYEES UNDER A 48-HOUR WEEK SHOULD BE COMPUTED ON THE DAILY RATE OF COMPENSATION AS ESTABLISHED PURSUANT TO THE 1934 ACT. POST OFFICE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS IN THE CLERICAL MECHANICAL SERVICE WHO ARE PAID AT HOURLY RATES OF COMPENSATION PRESCRIBED FOR IN THE CLASSIFICATION ACT OF 1923, AS AMENDED, ARE ENTITLED UNDER THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, TO OVERTIME COMPENSATION WHEN REQUIRED TO WORK IN EXCESS OF 40 HOURS DURING AN ADMINISTRATIVELY ESTABLISHED WORKWEEK IF THEY ARE FULL-TIME EMPLOYEES OR, IF THEIR HOURS OF DUTY ARE INTERMITTENT, IRREGULAR OR LESS THAN FULL TIME- -- THAT IS, IF THEY ARE PART-TIME EMPLOYEES--- THEY ARE ENTITLED TO 10 PERCENT ADDITIONAL COMPENSATION UNDER THE SAID ACT. POST OFFICE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS WHOSE SALARY RATES ARE FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND NOT IN ACCORDANCE OR IN LINE WITH THE POSTAL RECLASSIFICATION ACT OF 1925, ARE NOT EMPLOYEES "IN THE POSTAL SERVICE" WITHIN THE MEANING OF 39 U.S.C. 822, AUTHORIZING COMPUTATION OF THE DAILY RATE OF ANNUAL AND MONTHLY SALARIES ON THE ACTUAL NUMBER OF DAYS IN A MONTH, AND, THEREFORE, THEIR DAILY RATE SHOULD BE COMPUTED UNDER THE ACT OF JUNE 30, 1906, WHEREBY EACH MONTH IS REGARDED AS CONTAINING 30 DAYS, 1 DAY'S COMPENSATION BEING 1/360 OF THE ANNUAL RATE; AND OVERTIME COMPENSATION FOR THESE EMPLOYEES UNDER THE ACT OF DECEMBER 22, 1942, IS FOR COMPUTATION ON THE DAILY RATE OF COMPENSATION AS COMPUTED UNDER THE 1906 ACT.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, FEBRUARY 6, 1943:

I HAVE YOUR LETTER OF JANUARY 22, 1943, AS FOLLOWS:

YOUR DECISION IS REQUESTED ON CERTAIN QUESTIONS PERTAINING TO THE PROVISIONS OF SENATE JOINT ACTION 170, 77TH CONGRESS, SECOND SESSION OF CONGRESS, AND OF EXECUTIVE ORDER 9289, DECEMBER 26, 1942, IN ORDER THAT OVERTIME PAYMENTS IN THE MAIL EQUIPMENT SHOPS, BUREAU OF THE FOURTH ASSISTANT POSTMASTER GENERAL, MAY BE FACILITATED.

1. THE MAIL EQUIPMENT SHOPS HAVE PER DIEM AND PER ANNUM WORKERS (BOTH COVERED BY THE CLASSIFICATION ACT) AND SKILLED TRADES WORKERS WHOSE COMPENSATION IS SET BY THE POSTMASTER GENERAL.

SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, CONTAINS THE FOLLOWING PROVISO REGARDING HOURS OF SERVICE AND OVERTIME COMPENSATION OF THE SEVERAL TRADES AND OCCUPATIONS WHICH IS SET BY WAGE BOARDS OR OTHER WAGE FIXING AUTHORITIES:

"* * * PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE-HALF.'

(A) DOES THE NEW ACT RESTRICTING OVERTIME PAYMENTS TO SALARIES NOT OVER $2900 PER ANNUM APPLY TO THIS CLASS OF EMPLOYEE? IF NOT, OVERTIME COMPENSATION TO SKILLED TRADES WORKERS DRAWING BASE PAY IN EXCESS OF $2900 WOULD BE OUT OF LINE WITH ALL OTHERS.

(B) THESE EMPLOYEES ARE APPOINTED AT A RATE OF PAY BASED ON SIX WORKING DAYS TO THE WEEK, BUT BECAUSE OF THE ACT ABOVE REFERRED TO, PLACING THEM ON A FORTY-HOUR WEEK, THEIR PAY IS RESTATED FOR ACCOUNTING PURPOSES AT HOURLY RATES BASED ON FORTY HOURS PER WEEK, WITH NO REDUCTION IN PAY. HOW WOULD THE OVERTIME BE COMPUTED IN THE FOLLOWING CASE? A FOREMAN IN THE SKILLED TRADES DRAWING $11.40 PER DIEM ON A SIX-DAY BASIS, RESTATED AT $1.71 PER HOUR, OR $13.68 PER DIEM ON A FIVE-DAY BASIS, AMOUNTING TO $3568 PER ANNUM, IS GIVEN A 48-HOUR TOUR OF DUTY, EXTENDING MONDAY THROUGH SATURDAY.

2. PER DIEM WORKERS UNDER THE CLASSIFICATION ACT: WHAT TYPE OF OVERTIME COMPENSATION WOULD BE APPLIED TO THESE EMPLOYEES, VIZ., TIME AND ONE-HALF OR 10 PERCENT?

3. PER ANNUM EMPLOYEES: THERE APPEARS TO BE NO DOUBT THAT THE JOINT RESOLUTION PROVIDES TIME AND ONE-HALF FOR OVERTIME FOR THESE EMPLOYEES. HOWEVER, THERE APPEARS TO BE SOME QUESTION AS TO HOW IT SHOULD BE COMPUTED. THE MAIL EQUIPMENT SHOPS ARE CLASSED AS FIELD SERVICE, AND IN ACCORDANCE WITH THE POSTAL LAWS AND REGULATIONS THE AMOUNT PAID PER ANNUM EMPLOYEES AT THE PRESENT TIME, SEMI-MONTHLY, IS DETERMINED BY DIVIDING THE ANNUAL RATE BY 12, AND THE MONTHLY RATE SO OBTAINED BY THE NUMBER OF DAYS IN THE PARTICULAR MONTH TO DETERMINE THE DAILY RATE FOR THAT MONTH, WHICH IS THEN APPLIED BY TAKING THE NUMBER OF DAYS IN THE PAY PERIOD. WHAT PROCEDURE WOULD BE FOLLOWED IN COMPUTING EIGHT HOURS OVERTIME FOR A SALARY IN EXCESS OF $2900 PER ANNUM?

IN VIEW OF THE FACT THAT PAYMENTS UNDER THIS RESOLUTION ARE PAST DUE, YOUR PROMPT CONSIDERATION WILL BE APPRECIATED.

JOINT RESOLUTION NO. 170, APPROVED DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821, EXCEPTS FROM ITS PROVISIONS "THOSE (EMPLOYEES) WHOSE WAGES ARE FIXED ON A DAILY OR HOURLY BASIS AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE.' SEE EXCEPTION (A) OF THE SECOND PROVISO OF SECTION 1 OF THE STATUTE, AS INTERPRETED BY THE DECISION OF THIS OFFICE DATED JANUARY 4, 1943, B-31430, 22 COMP. GEN. 596, TO THE PUBLIC PRINTER.

SECTION 23 OF THE " INDEPENDENT OFFICES APPROPRIATION ACT, 1935," APPROVED MARCH 28, 1934, 48 STAT. 522, PROVIDES:

THE WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION WHICH MAY BE PRESCRIBED BY ACT OF CONGRESS, FOR THE SEVERAL TRADES AND OCCUPATIONS, WHICH IS SET BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITIES, SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS OF SUCH EMPLOYEES IN ACCORDANCE WITH THE FULL- TIME WEEKLY EARNINGS UNDER THE RESPECTIVE WAGE SCHEDULES IN EFFECT ON JUNE 1, 1932: PROVIDED, THAT THE REGULAR HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK; AND ALL OVERTIME SHALL BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE HALF. ( ITALICS SUPPLIED.)

IN THE DECISION OF MAY 17, 1934, A-55528, TO THE POSTMASTER GENERAL, IT WAS HELD:

NEITHER THE ANNUAL APPROPRIATION ACT FOR THE POST OFFICE DEPARTMENT (ACT OF MARCH 3, 1933, 47 STAT. 1512, FOR CURRENT FISCAL YEAR), CONTAINING AN ITEM "FOR COMPENSATION TO LABORERS EMPLOYED IN THE EQUIPMENT SHOPS AT WASHINGTON, DISTRICT OF COLUMBIA," (SEE SECTION 14 7 OF THE POSTAL LAWS AND REGULATIONS, 1932), NOR ANY OTHER STATUTE APPEARS TO REGULATE THE COMPENSATION RATES OF THE EMPLOYEES IN QUESTION. THE AUTHORITY TO FIX THE RATES OF COMPENSATION OF EMPLOYEES NOT OTHERWISE CONTROLLED BY STATUTE IS VESTED IN THE HEADS OF THE DEPARTMENTS OR OFFICES CONCERNED, IN THIS CASE THE POSTMASTER GENERAL.

THEREFORE, AS THE EMPLOYEES IN QUESTION ARE WITHIN ONE OF THE "SEVERAL TRADES AND OCCUPATIONS," AND SINCE IT IS UNDERSTOOD THE POSTMASTER GENERAL FIXES THEIR RATES OF COMPENSATION WITH REFERENCE TO RATES OF WAGES, ETC., PAID TO SIMILAR CLASSES IN COMMERCIAL INDUSTRY, IT MUST BE CONCLUDED THAT THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, PUBLIC NO. 141, ESTABLISHING A 40-HOUR WEEK, ARE APPLICABLE TO THE 21 EMPLOYEES IN QUESTION. SEE DECISION OF MAY 1, 1934, TO THE SECRETARY OF THE TREASURY, A-55192, INVOLVING THE EMPLOYEES OF THE BUREAU OF ENGRAVING AND PRINTING. SEE, ALSO, 15 COMP. GEN. 308.

YOU ARE ADVISED, THEREFORE, THAT "SKILLED TRADES WORKERS WHOSE COMPENSATION IS SET BY THE POSTMASTER GENERAL" (QUOTING FROM YOUR LETTER) UNDER THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, SUPRA, DO NOT COME WITHIN ANY OF THE PROVISIONS OF THE JOINT RESOLUTION OF DECEMBER 22, 1942. ON THE CONTRARY, THEIR REGULAR AND OVERTIME COMPENSATION IS REQUIRED TO BE COMPUTED AND PAID UNDER THE PROVISIONS OF THE 1934 LAW WITHOUT REGARD TO ANY OF THE PROVISIONS OF THE SAID JOINT RESOLUTION.

QUESTION 1 (A) IS ANSWERED ACCORDINGLY.

IT IS UNDERSTOOD THAT QUESTION 1 (B) RELATES TO THE EMPLOYEES IN THE TRADES AND OCCUPATIONS COMING WITHIN THE PURVIEW OF THE 1934 LAW AND NOT WITHIN THE PURVIEW OF THE 1942 LAW. UNDER THE PROVISIONS OF THE 1934 LAW THEIR "HOURS OF LABOR SHALL NOT BE MORE THAN FORTY PER WEEK.' HENCE YOUR ADMINISTRATIVE ORDER REQUIRING THOSE EMPLOYEES TO WORK 48 HOURS PER WEEK HAS THE EFFECT OF REQUIRING THEM TO WORK A REGULAR TOUR OF DUTY OF 40 HOURS ON FIVE DAYS, AND OVERTIME OF EIGHT HOURS ON ONE DAY EACH WEEK. FOR THE OVERTIME THEY ARE ENTITLED TO "BE COMPENSATED FOR AT THE RATE OF NOT LESS THAN TIME AND ONE-HALF.' THE BASIC RATES ON WHICH THE OVERTIME COMPENSATION AT THE RATE OF TIME AND ONE-HALF SHOULD BE COMPUTED IS THE RATE FIXED ON A 40 HOUR, FIVE-DAY WEEK BASED UNDER THE 1934 STATUTE. SEE 13 COMP. GEN. 265. REFERRING TO THE EXAMPLE STATED, IT IS UNDERSTOOD THE RATE OF $13.68 PER DIEM IS THE RATE THE EMPLOYEE HAS RECEIVED FOR EACH OF THE FIVE DAYS OF HIS REGULAR TOUR OF DUTY UNDER THE 1934 STATUTE. IF SO, THAT RATE IS THE EMPLOYEE'S BASE COMPENSATION AND THERE SHOULD NOW BE DISREGARDED THE FACT THAT THE EMPLOYEE RECEIVED PRIOR TO MARCH 28, 1934, THE SAME WEEKLY COMPENSATION FOR SIX DAYS THAT HE RECEIVED FOR FIVE DAYS AFTER THAT DATE. SEE DECISION OF JANUARY 7, 1943, B-31463, 22 COMP. GEN. 615, TO THE SECRETARY OF THE TREASURY, INVOLVING EMPLOYEES IN THE BUREAU OF ENGRAVING AND PRINTING. THAT FORMULA IS THE SAME ONE WHICH HAS BEEN IN FORCE SINCE MARCH 28, 1934, FOR COMPUTING THE BASIC AND OVERTIME COMPENSATION OF EMPLOYEES IN NAVY YARDS, ARSENALS, THE GOVERNMENT PRINTING OFFICE, THE BUREAU OF ENGRAVING AND PRINTING, AND ALL OTHER AGENCIES WHOSE EMPLOYEES COME WITHIN THE PURVIEW OF THE 1934 STATUTE. NOTHING APPEARS IN THE JOINT RESOLUTION OF DECEMBER 22, 1942, WHICH WOULD HAVE THE EFFECT OF CHANGING THAT FORMULA. HENCE, IN THE EXAMPLE STATED FOR EACH OF THE FIVE DAYS OF THE REGULAR TOUR OF DUTY, MONDAY THROUGH FRIDAY, THE EMPLOYEE IS ENTITLED TO $13.68, AND FOR SATURDAY, WHICH IS OVERTIME OUTSIDE OF HIS REGULAR TOUR OF DUTY FOR ALL PURPOSES, HE IS ENTITLED TO $20.52 (ONE AND ONE-HALF TIMES $13.68), OR A TOTAL OF $88.92, FOR 48 HOURS, THE SIX-DAY WEEK.

QUESTION 2 IS NOT CLEAR. THE CLASSIFICATION ACT OF 1923, 42 STAT. 1488, AS AMENDED, PROVIDES NO PER DIEM RATES OF COMPENSATION FOR ANY CLASS OF EMPLOYEES. IF YOU REFER TO EMPLOYEES OF THE MAIL EQUIPMENT SHOPS IN THE CLERICAL-MECHANICAL SERVICE WITH HOURLY RATES OF COMPENSATION PRESCRIBED FOR IN THE CLASSIFICATION ACT, YOU ARE ADVISED THAT THEY ARE ENTITLED TO ADDITIONAL COMPENSATION ON AN OVERTIME BASIS AT THE RATE OF TIME AND ONE- HALF THEIR REGULAR RATE IF THEY BE FULL TIME EMPLOYEES, OR ON A 10 PERCENT BASIS IF THEIR "HOURS OF DUTY ARE INTERMITTENT, IRREGULAR, OR LESS THAN FULL TIME" (QUOTING FROM THE FOURTH PROVISO TO SECTION 1 OF THE JOINT RESOLUTION OF DECEMBER 22, 1942), THAT IS TO SAY, IF THEY BE PART-TIME EMPLOYEES. STATED IN OTHER WORDS, THE OVERTIME FORMULA PRESCRIBED BY THE SAID JOINT RESOLUTION IS APPLICABLE TO ALL FULL-TIME EMPLOYEES PAID ON A TIME BASIS WHO COME WITHIN THE PURVIEW OF THE LAW REGARDLESS OF THE MEASURE OF TIME ON THE BASIS OF WHICH THEIR REGULAR COMPENSATION IS COMPUTED, AND THE 10 PERCENT FORMULA IS APPLICABLE TO ALL PART-TIME EMPLOYEES.

SECTION 822, TITLE 39, U.S. CODE, PROVIDES:

SALARIES AT ANNUAL OR MONTHLY RATE, DIVISION OF TIME AND COMPUTATION OF PAY. WHERE THE SALARY OR COMPENSATION OF ANY EMPLOYEE IN THE POSTAL SERVICE IS AT AN ANNUAL OR MONTHLY RATE, THE FOLLOWING RULES SHALL BE FOLLOWED IN COMPUTING THE AMOUNT DUE: AN ANNUAL SALARY OR COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; AND IN MAKING PAYMENT FOR A FRACTIONAL PART OF ANY CALENDAR MONTH THERE SHALL BE PAID SUCH PROPORTION OF ONE OF SUCH INSTALLMENTS, OR OF THE AMOUNT OF THE MONTHLY SALARY OR COMPENSATION, AS THE NUMBER OF DAYS IN THE FRACTIONAL PART OF THAT MONTH BEARS TO THE ACTUAL NUMBER OF DAYS IN THAT MONTH. ( MAR. 4, 1911, C. 241, SEC. 4, 36 STAT. 1339.) ( ITALICS SUPPLIED.)

THERE IS FOR NOTING THE ITALICIZED PORTION OF THE STATUTE. OPERATION OF MAIL EQUIPMENT SHOPS IS AUTHORIZED PURSUANT TO AN ITEM IN THE ANNUAL APPROPRIATION ACTS ENTITLED " EQUIPMENT SHOPS OF WASHINGTON, DISTRICT OF COLUMBIA," UNDER THE HEADING " OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL.' SEE ACT OF MARCH 10, 1942, 56 STAT. 150, PUBLIC LAW 495. IT IS UNDERSTOOD THAT THE SALARY RATES OF THE EMPLOYEES REFERRED TO IN QUESTION 3 IN THE MAIL EQUIPMENT SHOPS ARE WITHIN THE PURVIEW OF THE CLASSIFICATION ACT OF 1923, AND HAVE NEVER BEEN REGARDED AS WITHIN THE PURVIEW OF THE POSTAL RECLASSIFICATION ACT OF 1925, 43 STAT. 1053. THIS OFFICE HAS CONSISTENTLY HELD THAT EMPLOYEES ARE NOT "IN THE POSTAL SERVICE" FOR SALARY PURPOSES UNLESS THEIR SALARIES ARE FIXED IN ACCORDANCE WITH THE POSTAL RECLASSIFICATION ACT OF 1925, OR ARE FIXED ADMINISTRATIVELY UNDER A LUMP SUM APPROPRIATION AT DEFINITE RATES IN LINE WITH THE 1925 STATUTE, AND THAT EMPLOYEES UNDER THE POST OFFICE DEPARTMENT, ALTHOUGH IN THE FIELD SERVICE, WHOSE SALARIES ARE FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED, MAY NOT BE REGARDED AS "IN THE POSTAL SERVICE" FOR SALARY PURPOSES. SEE 14 COMP. GEN. 448; 21 ID. 189, 202, 569. ACCORDINGLY, IT MUST BE HELD THAT THE POST OFFICE EMPLOYEES IN THE MAIL EQUIPMENT SHOPS WHOSE SALARY RATES ARE FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS AMENDED, ARE NOT "IN THE POSTAL SERVICE" WITHIN THE MEANING OF SECTION 822, TITLE 39, U.S. CODE, SUPRA, AND THAT THEIR ANNUAL COMPENSATION IS TO BE DIVIDED ON A MONTHLY OR SEMI-MONTHLY BASIS IN ACCORDANCE WITH THE ACT OF JUNE 30, 1906, 34 STAT. 763, PURSUANT TO WHICH EACH OF THE 12 MONTHS OF THE YEAR IS REGARDED AS CONTAINING 30 DAYS AND ONE DAY'S COMPENSATION IS 1/360 OF THE ANNUAL SALARY RATE. SUCH PAYMENTS HERETOFORE MADE IN ACCORDANCE WITH THE PAST ADMINISTRATIVE PRACTICE STATED IN YOUR LETTER AS HAVING BEEN BASED ON SECTION 822, TITLE 39, U.S. CODE, NEED NOT BE DISTURBED.

THE JOINT RESOLUTION APPROVED JULY 3, 1942, PUBLIC LAW 652, AS AMENDED BY JOINT RESOLUTION APPROVED OCTOBER 2, 1942, 56 STAT. 765, PUBLIC LAW 728, PROVIDES:

THAT THE PROVISIONS FOR THE PAYMENT OF OVERTIME RATES OF COMPENSATION CONTAINED IN THE ACT APPROVED JUNE 28, 1940 (54 STAT. 676); THE ACT APPROVED OCTOBER 21, 1940. (54 STAT. 1205); AND THE ACT APPROVED JUNE 3, 1941 (55 STAT. 241), ARE HEREBY EXTENDED FROM JUNE 30, 1942, TO AND INCLUDING NOVEMBER 30, 1942.

THUS THE JOINT RESOLUTION APPROVED DECEMBER 22, 1942, EXTENDS TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT, WITH THE EXCEPTION OF CERTAIN CLASSES OF EMPLOYEES WHO ARE EXPRESSLY ELIMINATED FROM THE LAW, THE SAME FORMULA FOR PAYING OVERTIME COMPENSATION THAT WAS PRESCRIBED IN THE SEVERAL EARLIER STATUTES MENTIONED IN JOINT RESOLUTION OF JULY 3, 1942, PUBLIC LAW 652, AS AMENDED. THAT FORMULA WAS THE SAME IN ALL OF SAID EARLIER STATUTES AND IS AS FOLLOWS (QUOTING FROM SECTION 1 OF THE ACT OF JUNE 3, 1941, 55 STAT. 241, ONE OF THE STATUTES MENTIONED IN SAID JOINT RESOLUTION OF JULY 3, 1942): 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 * * * 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. ACCORDINGLY, REFERRING TO QUESTION 3, THE OVERTIME COMPENSATION FOR ONE DAY IN THE CASE PRESENTED IS ONE AND ONE-HALF TIMES 1/360 OF THE BASIC ANNUAL SALARY SUBJECT TO THE SALARY LIMITATION OF $2,900 AND $5,000 PER ANNUM PRESCRIBED BY THE JOINT RESOLUTION OF DECEMBER 22, 1942. SUCH OVERTIME PAYMENTS ARE REQUIRED TO BE PRORATED ON AN ANNUAL BASIS. SECTION 3 OF THE PRESIDENT'S REGULATIONS, EXECUTIVE ORDER 9289, DATED DECEMBER 26, 1942. WITH REFERENCE TO THE LAST SENTENCE OF QUESTION 3, SEE GENERAL REGULATIONS OF THIS OFFICE NO. 54, SUPPLEMENT 14, DATED DECEMBER 29, 1942, 22 COMP. GEN. 1156, AND SALARY TABLES ISSUED IN CONNECTION THEREWITH.