B-40131, MARCH 2, 1944, 23 COMP. GEN. 650

B-40131: Mar 2, 1944

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IS THE BASIS FOR COMPUTING PART TIME COMPENSATION. 1944: I HAVE YOUR LETTER OF FEBRUARY 16. MISS OLGA KATHAS WAS APPOINTED IN THE DIVISION OF CENTRAL ADMINISTRATIVE SERVICES AS A CLERK-TYPIST. HER SALARY IS COMPUTED IN THE FOLLOWING MANNER: 28 (HOURS WORKED PER WEEK ON PART-TIME BASIS) DIVIDED BY 48 (HOURS WORKED IN REGULAR ADMINISTRATIVE WORK WEEK) EQUALS .583333. ON THE BASIS OF THESE COMPUTATIONS THE EMPLOYEE'S SEMI-MONTHLY SALARY IS AS FOLLOWS: CHART BASE PAY OVERTIME TAX BOND NET $35.00 $5.25 $3.80* $3.75 $32.70 * THE TAX IS BASED ON A SINGLE PERSON. THAT IS. IN VIEW OF THE FACT THAT THIS EMPLOYEE IS EMPLOYED ON A PART-TIME BASIS RECEIVING ADDITIONAL COMPENSATION OF FIFTEEN PER CENT OF HER BASIC SALARY ($840.00) IN LIEU OF OVERTIME.

B-40131, MARCH 2, 1944, 23 COMP. GEN. 650

COMPENSATION - OVERTIME - PART TIME EMPLOYEES UNDER SECTION 3, PART II, OF THE OVERTIME REGULATIONS ISSUED PURSUANT TO THE WAR OVERTIME PAY ACT OF 1943, THE WEEK, RATHER THAN THE DAY, IS THE BASIS FOR COMPUTING PART TIME COMPENSATION, AND, THEREFORE, A PART TIME EMPLOYEE MAY BE PAID UNDER SECTION 3 (C) OF THE ACT BASIC COMPENSATION AS WELL AS THE ADDITIONAL COMPENSATION OF 15 PERCENT FOR ALL HOURS WORKED (NOT OVER FULL TIME) DURING A PARTICULAR PAY PERIOD, EVEN THOUGH IN EXCESS OF THE MINIMUM NUMBER OF HOURS REGULARLY WORKED IN OTHER PAY PERIODS.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, DIVISION OF CENTRAL ADMINISTRATIVE SERVICES, OFFICE FOR EMERGENCY MANAGEMENT, MARCH 2, 1944:

I HAVE YOUR LETTER OF FEBRUARY 16, 1944, AS FOLLOWS:

ON SEPTEMBER 28, 1943, MISS OLGA KATHAS WAS APPOINTED IN THE DIVISION OF CENTRAL ADMINISTRATIVE SERVICES AS A CLERK-TYPIST, CAF-2 (BASIC ANNUAL SALARY $1440.) ON A PART-TIME BASIS OF SEVEN-TWELFTHS OF THE PRESCRIBED WORK WEEK. HER SALARY IS COMPUTED IN THE FOLLOWING MANNER: 28 (HOURS WORKED PER WEEK ON PART-TIME BASIS) DIVIDED BY 48 (HOURS WORKED IN REGULAR ADMINISTRATIVE WORK WEEK) EQUALS .583333, .583333 TIMES $1440, (BASIC ANNUAL SALARY RATE FOR FULL TIME SERVICES) EQUALS $839.999520 OR $840.00 PER ANNUM. $840.00 DIVIDED BY 24 EQUALS THE SEMI-MONTHLY RATE OF $35.00 PLUS FIFTEEN PERCENT OF $35.00 ADDITIONAL COMPENSATION UNDER SECTION 3 (C) OF THE " WAR OVERTIME PAY ACT OF 1943," APPROVED MAY 7, 1943. ON THE BASIS OF THESE COMPUTATIONS THE EMPLOYEE'S SEMI-MONTHLY SALARY IS AS FOLLOWS:

CHART

BASE PAY OVERTIME TAX BOND NET

$35.00 $5.25 $3.80* $3.75 $32.70

* THE TAX IS BASED ON A SINGLE PERSON, NO DEPENDENTS.

DURING THE MONTH OF JANUARY I FOUND IT NECESSARY TO REQUEST OVERTIME EMPLOYMENT OF A NUMBER OF EMPLOYEES OF THE DIVISION OF CENTRAL ADMINISTRATIVE SERVICES AND AUTHORIZED OVERTIME COMPENSATION THEREFOR. PURSUANT TO MY REQUEST MISS KATHAS DURING THE PAY PERIODS OF JANUARY 3 TO 17 AND JANUARY 18 TO FEBRUARY 2, 1944, WORKED THREE HOURS AND THIRTY FOUR HOURS OVERTIMES, RESPECTIVELY, THAT IS, IN EXCESS OF HER PRESCRIBED WORK WEEK OF TWENTY-EIGHT HOURS.

IN VIEW OF THE FACT THAT THIS EMPLOYEE IS EMPLOYED ON A PART-TIME BASIS RECEIVING ADDITIONAL COMPENSATION OF FIFTEEN PER CENT OF HER BASIC SALARY ($840.00) IN LIEU OF OVERTIME, I WOULD APPRECIATE YOUR ADVISING ME WHAT AMOUNT OF ADDITIONAL COMPENSATION, IF ANY, MISS KATHAS IS ENTITLED TO FOR THE OVERTIME EMPLOYMENT AND HOW SUCH COMPENSATION SHOULD BE COMPUTED.

SECTION 3, PART II, OF THE OVERTIME REGULATIONS ISSUED BY THE UNITED STATES CIVIL SERVICE COMMISSION, DEPARTMENTAL CIRCULAR NO. 424-1, DATED MAY 8, 1943, PROVIDES:

PART-TIME EMPLOYEES ARE EMPLOYEES WHO ARE REGULARLY REQUIRED TO WORK A SPECIFIED MINIMUM NUMBER OF HOURS PER WEEK ADMINISTRATIVELY FIXED IN ADVANCE AT LESS THAN THE ADMINISTRATIVE WORK-WEEK FOR SIMILAR EMPLOYEES IN THE SAME DEPARTMENT OR AGENCY. SUCH EMPLOYEES SHALL BE CONSIDERED PART- TIME EMPLOYEES IF THEY ARE REQUIRED TO WORK A SPECIFIED MINIMUM NUMBER OF HOURS PER WEEK NOTWITHSTANDING THE FACT THAT THEY DO NOT WORK THE SAME NUMBER OF HOURS EACH DAY.

IT IS FOR NOTING THAT, UNDER THE COMMISSION'S REGULATIONS, THE WEEK, RATHER THAN THE DAY, IS THE BASIS FOR COMPUTING PART-TIME COMPENSATION; HENCE, A PART-TIME EMPLOYEE MAY BE PAID BASIC COMPENSATION AS WELL AS THE WARTIME ADDITIONAL COMPENSATION OF 15 PERCENT FOR ALL HOURS WORKED (NOT OVER FULL TIME) DURING A PARTICULAR PAY PERIOD, EVEN THOUGH IN EXCESS OF THE MINIMUM NUMBER OF HOURS REGULARLY WORKED IN OTHER PAY PERIODS. YOU DO NOT STATE THE ADDITIONAL HOURS WORKED PER WEEK BY MISS KATHAS DURING THE PAY PERIODS MENTIONED IN YOUR LETTER; BUT IF THE THREE HOURS ADDITIONAL TIME WORKED BETWEEN JANUARY 3 TO 17 WAS ALL IN ONE WEEK, HER BASIC COMPENSATION FOR THAT WEEK WOULD BE COMPUTED ON THE BASIS OF 31/48 OF $1,440 PER ANNUM TO WHICH BASIC COMPENSATION WOULD BE ADDED 15 PERCENT THEREOF AS WARTIME ADDITIONAL COMPENSATION. 22 COMP. GEN. 889, ID. 1043. THE SAME RULE WOULD BE FOR APPLICATION IN COMPUTING THE ADDITIONAL COMPENSATION DURING THE OTHER PAY PERIOD MENTIONED IN YOUR LETTER. HOWEVER, NO ADDITIONAL COMPENSATION MAY BE PAID TO PART-TIME EMPLOYEES FOR WORK IN EXCESS OF 48 HOURS IN ANY ONE WEEK. COMPARE 23 COMP. GEN. 13. THE ABSENCE OF INFORMATION SHOWING THE NUMBER OF ADDITIONAL HOURS WORKED PER WEEK, I AM UNABLE TO DETERMINE THE AMOUNT PROPERLY PAYABLE TO MISS KATHAS FOR THE MENTIONED PAY PERIODS.