B-50756, JULY 5, 1945, 25 COMP. GEN. 14

B-50756: Jul 5, 1945

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EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA WHOSE COMPENSATION IS FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT ARE SUBJECT TO THE OVERTIME PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 REQUIRING THE ESTABLISHMENT OF A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS. THERE IS NO AUTHORITY UNDER THE FEDERAL EMPLOYEES ACT OF 1945 TO PRESCRIBE FOR EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA THE NUMBER OF HOURS FOR WHICH THE OVERTIME COMPENSATION PROVIDED BY SECTION 201 WILL BE PAID TO ALL EMPLOYEES OF THE COURT. FOR WHOM IT IS NOT PRACTICABLE TO FIX A REGULAR TOUR OF DEFINITE HOURS OF DUTY FOR EACH WORKDAY OF THE CALENDAR WEEK. AS IS DEEMED NECESSARY MAY BE ORDERED OR APPROVED.

B-50756, JULY 5, 1945, 25 COMP. GEN. 14

FEDERAL EMPLOYEES PAY ACT OF 1945 - ESTABLISHMENT OF WORKWEEK; ETC. EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA WHOSE COMPENSATION IS FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT ARE SUBJECT TO THE OVERTIME PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 REQUIRING THE ESTABLISHMENT OF A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS, RATHER THAN TO THE PROVISIONS OF SECTION 522 OF THE ACT AUTHORIZING A TEMPORARY 10 PERCENT ADDITION TO BASIC COMPENSATION FOR EMPLOYEES OF THE "JUDICIAL BRANCH.' THERE IS NO AUTHORITY UNDER THE FEDERAL EMPLOYEES ACT OF 1945 TO PRESCRIBE FOR EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA THE NUMBER OF HOURS FOR WHICH THE OVERTIME COMPENSATION PROVIDED BY SECTION 201 WILL BE PAID TO ALL EMPLOYEES OF THE COURT--- ON THE BASIS OF THE AVERAGE LENGTH OF THE OVERTIME SERVICES PERFORMED IN THE PAST BY EMPLOYEES WHO WORK IRREGULAR TOURS OF DUTY, OR OTHERWISE -- WITHOUT REGARD TO THE NUMBER OF HOURS OF OVERTIME ACTUALLY WORKED BY THE INDIVIDUAL EMPLOYEES. IN THE CASE OF EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA SUBJECT TO THE OVERTIME PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, FOR WHOM IT IS NOT PRACTICABLE TO FIX A REGULAR TOUR OF DEFINITE HOURS OF DUTY FOR EACH WORKDAY OF THE CALENDAR WEEK, THERE MAY BE ESTABLISHED AS THE BASIC ADMINISTRATIVE WORKWEEK THE FIRST 40 HOURS OF SERVICE PERFORMED WITHIN A PERIOD OF NOT MORE THAN 6 DAYS OF THE WEEK, AND SUCH ADDITIONAL HOURS OF SERVICE, FOR WHICH OVERTIME COMPENSATION MAY BE PAID, AS IS DEEMED NECESSARY MAY BE ORDERED OR APPROVED.

COMPTROLLER GENERAL WARREN TO THE CHIEF JUDGE, MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA, JULY 5, 1945:

I HAVE YOUR LETTER OF JUNE 28, 1945, AS FOLLOWS:

I HAVE THE HONOR TO REQUEST YOUR OPINION UPON THE QUESTIONS HEREINAFTER INDICATED, WHICH HAVE ARISEN IN CONNECTION WITH THE ADMINISTRATION OF THE AFFAIRS OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA AS CREATED BY THE ACT OF APRIL 1, 1942 ( DISTRICT OF COLUMBIA CODE, 1940 EDITION, SUPPLEMENT II, CHAPTER 7, SUBCHAPTER II, SECTION 11-751 ET. SEQ. ).

IN CONNECTION WITH H.R. 3393, 79TH CONGRESS, ST SESSION, WHICH, I UNDERSTAND, HAS NOW BEEN PASSED BY CONGRESS, I HAVE RECEIVED A MEMORANDUM FROM THE CLERK OF THIS COURT, READING AS FOLLOWS:

"MEMORANDUM TO JUDGE BARSE

"IN RE: OVERTIME PAY.

"IN LINE WITH MY MEMORANDUM TO YOU DATED MAY 30, 1945, MY OFFICE HAS JUST COMPLETED AN EXHAUSTIVE SURVEY INTO THE AMOUNT OF OVERTIME WORKED BY THE EMPLOYEES OF THE COURT. THE SURVEY COVERED A PERIOD OF FIVE MONTHS AND NECESSITATED CHECKING THE TIME SHEETS OF ALL FIVE DEPARTMENTS OF THE COURT --- CRIMINAL DIVISION CLERK'S OFFICE; CIVIL DIVISION CLERK'S OFFICE; SMALL CLAIMS CLERK'S OFFICE; ADMINISTRATIVE DEPARTMENT; AND PROBATION DEPARTMENT --- AND COVERING 87 EMPLOYEES.

"THE OVERTIME PAY ACT OF 1943, PUBLIC LAW 49, PROVIDED THAT JUDICIAL EMPLOYEES SHOULD RECEIVE A 15 PERCENT INCREASE IN LIEU OF OVERTIME BECAUSE OF INTERMITTENT AND IRREGULAR HOURS.

"UNDER THIS LAW THERE WAS NO NECESSITY FOR KEEPING ANY ACCURATE RECORD AS TO OVERTIME WORKED. AS A RESULT, IN MANY INSTANCES EMPLOYEES HAVE SIGNED IN AND OUT ON THE TIME SHEETS AT THE HOURS SET FOR THE VARIOUS DEPARTMENTS OF THE COURT, ALTHOUGH THEY MAY HAVE COME TO WORK MUCH EARLIER AND POSSIBLY WORKED LATER THAN THE HOURS INDICATED ON THE TIME SHEETS. THE EMPLOYEES KNEW THAT THEY WOULD RECEIVE NO ADDITIONAL REMUNERATION OR COMPENSATORY TIME.

"THE PRESENT PAY BILL MAKES NO PROVISION FOR THE MUNICIPAL COURT FOR AN INCREASE IN SALARY IN LIEU OF OVERTIME BUT DOES PERMIT THE COURT EMPLOYEES TO BE PAID ON AN OVERTIME BASIS IF THE HOURS OF WORK JUSTIFY IT (EXCEEDING 40 HOURS PER WEEK). IN MY MEMORANDUM OF MAY 30 I TOLD YOU THAT MR. BARUCH OF THE CIVIL SERVICE COMMISSION HAD SUGGESTED THAT, IN LINE WITH THE COMPTROLLER GENERAL'S DECISION REGARDING PANAMA CANAL EMPLOYEES, IT WOULD BE PROPER FOR THE CHIEF JUDGE TO DECLARE AN OFFICIAL 48 OR 44 HOUR WORK WEEK, EVEN THOUGH THE HOURS WERE IRREGULAR FROM WEEK TO WEEK, PROVIDED THE AVERAGE OVERTIME EQUALED THE TIME SET FORTH IN THE ADMINISTRATIVE ORDER.

"THE SURVEY OF THE TIME SHEETS OVER THIS FIVE MONTHS PERIOD REVEALED THAT MANY EMPLOYEES WORK FAR IN EXCESS OF 44 OR 48 HOURS PER WEEK AND AND THAT IF THIS EXCESS WERE APPLIED TO THOSE EMPLOYEES WHO DO NOT REGULARLY WORK VERY MUCH OVERTIME, IT WOULD AVERAGE OVER THE ENTIRE 87 EMPLOYEES SUFFICIENT TO EQUAL THE AMOUNT OF OVERTIME WORKED BY DISTRICT GOVERNMENT EMPLOYEES, NAMELY 44 HOURS PER WEEK.

"THE TIME SHEETS, WHICH DO NOT BY ANY MEANS GIVE A COMPLETE PICTURE OF THE OVERTIME WORKED, SHOW THAT OUR EMPLOYEES AVERAGED ALMOST 1,000 HOURS OF OVERTIME PER MONTH IN THE PAST FIVE MONTHS.

"IN ADDITION TO THESE AMOUNTS ON WHICH WE HAVE THE ACTUAL FIGURES, THERE IS A LARGE AMOUNT OF UNRECORDED OVERTIME TO BE CONSIDERED, WHICH CAN ONLY BE APPROXIMATED, BASED ON THE FOLLOWING ACTS:

"1I HAVE BEEN INFORMED BY MR. COOPER, CHIEF PROBATION OFFICER,THAT HALF OF HIS EIGHT PROBATION OFFICERS DO FIELD INVESTIGATION WORK AFTER OFFICE HOURS FROM THREE TO FOUR DAYS PER WEEK. A NUMBER OF EMPLOYEES WORK ON SATURDAY AFTERNOONS AND OCCASIONALLY ON SUNDAYS, NAMELY YOUR SECRETARY, MISS SMITH, MISS CALLAHAN, SOME OF THE EMPLOYEES OF THE ADMINISTRATIVE OFFICE, AND MYSELF. I DO NOT SIGN A TIME SHEET BUT I GENERALLY WORK AN AVERAGE OF 60 HOURS PER WEEK, RARELY LEAVING BEFORE 6:30 OR 7:00 O-CLOCK EVERY DAY, INCLUDING SATURDAY, AND HAVE NOT BEEN ABSENT A DAY SINCE JULY, 1942, WHEN THE COURTS WERE CONSOLIDATED. THE MATRON IN THE CRIMINAL DIVISION COMES TO WORK AT 6:00 O-CLOCK EVERY DAY AND DOES NOT LEAVE UNTIL ALL THE COURTS ARE OVER. THE D.C. CELL MAN STARTS TO WORK AT 6:00 A.M. AND DOES NOT LEAVE UNTIL THE LAST PRISONER HAS BEEN SENT TO THE JAIL. WHEN CRIMINAL JURY COURTS RUN LATE, THE TELEPHONE OPERATOR MUST STAY IN ORDER THAT COMMUNICATIONS MAY BE MAINTAINED BETWEEN COURT AND CELL ROOMS. ONE OF THE BAILIFFS COMES TO WORK AT 8:00 A.M. TO DELIVER THE MAIL AROUND THE CRIMINAL DIVISION BUILDING AND ANOTHER BAILIFF STARTS RUNNING PAPERS FROM THE CORPORATION COUNSEL'S OFFICE TO THE CELL ROOMS SHORTLY AFTER 8:00 A.M. I UNDERSTAND THAT MISS NEFF STARTS WORK IN HER OFFICE AT 8:00 A.M. DAILY. THE FINANCE OFFICE STARTS RECEIVING COLLATERAL FROM PRECINCTS AT 8:00 A.M. DAILY AND SATURDAYS MUST STAY OPEN UNTIL 4:00 P.M. TO RECEIVE FINES.

"FROM THE ABOVE, IT IS OBVIOUS THAT THE FIGURE OF APPROXIMATELY 1,000 HOURS PER MONTH AS DISCLOSED BY THE TIME SHEETS DOES NOT BEGIN TO SHOW THE ACTUAL AMOUNT OF OVERTIME WORKED. IN MY OPINION, A CONSERVATIVE ESTIMATE WOULD BE A TOTAL OF MORE THAN 1,600 HOURS PER MONTH, WHICH, SPREAD OVER 87 EMPLOYEES, WOULD AMOUNT TO ABOUT FOUR OR FIVE HOURS PER WEEK OVERTIME FOR EACH EMPLOYEE. FOR MANY YEARS, THE COURT HAS, LIKE OTHER GOVERNMENT AGENCIES, BEEN ON AN OFFICIAL 39-HOUR WORK WEEK, AND, WERE THIS FOUR OR FIVE HOURS OVERTIME ADDED, IT WOULD BE SUFFICIENT TO JUSTIFY SETTING AN ADMINISTRATIVE WORK WEEK OF 44 HOURS.

"IF THIS MEETS WITH YOUR APPROVAL, IT WILL ONLY BE NECESSARY FOR YOU TO ISSUE AN ORDER STATING THAT ON AND AFTER JULY 1, 1945, THE OFFICIAL WORK WEEK FOR EMPLOYEES OF THE MUNICIPAL COURT WILL BE 44 HOURS PER WEEK. MAY I SUGGEST THE FOLLOWING LANGUAGE:

"THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA

"IT IS ORDERED THAT, EFFECTIVE JULY 1, 1945, AND UNTIL FURTHER ORDER OF THIS COURT, THE OFFICIAL ADMINISTRATIVE WORK WEEK FOR EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA BE, AND THE SAME HEREBY IS, SET AT FORTY-FOUR HOURS PER WEEK.

"1CHIEF JUDGE.

"1I SHALL THEN CONVEY THIS INFORMATION TO THE PROPER AUTHORITIES SO THE PAYROLL CHARTS AND APPROPRIATIONS MAY BE CHANGED ACCORDINGLY.

" (S) WALTER F. BRAMHALL,

" WALTER F. BRAMHALL,

" CLERK OF THE COURT.'

" WFB: VLJ"

BASED UPON THE FOREGOING OFFICIAL REPORT OF THE CLERK OF THE COURT, I SHOULD APPRECIATE IT IF YOU WOULD ADVISE ME WHETHER I WOULD BE WITHIN THE LAW IN SETTING UP A BASIC ADMINISTRATIVE WORK WEEK OF 40 HOURS UNDER SECTION 604 OF SAID ACT OF CONGRESS AND IN SETTLING UP AN ADMINISTRATIVE WORK WEEK OF 44 HOURS UNDER SECTION 201 OF SAID ACT OF CONGRESS. IN THIS CONNECTION, IT HAS BEEN SUGGESTED THAT YOUR DECISIONS NO. B-32,053, DATED FEBRUARY 4, 1943, (22 COMP. GEN. 752), PERTAINING TO EMPLOYEES OF THE PANAMA CANAL, AND NO. B-31,974, DATED FEBRUARY 4, 1943, PERTAINING TO THE EMPLOYEES OF THIS COURT, MAY HAVE SOME BEARING UPON THE QUESTION.

SECTIONS 101 (A), 201, 604 (A), AND (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, APPROVED JUNE 30, 1945, 59 STAT. 295, 296, 303, 304, PUBLIC LAW 106, CONTAIN THE FOLLOWING PERTINENT PROVISIONS:

SEC. 101. (A) SUBJECT TO THE EXEMPTIONS SPECIFIED IN SECTION 102 OF THIS THIS ACT, TITLE II AND III OF THIS ACT SHALL APPLY (1) TO ALL CIVILIAN OFFICERS AND EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND IN OR UNDER THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, AND (2) TO THOSE OFFICERS AND EMPLOYEES OF THE JUDICIAL BRANCH OF THE GOVERNMENT, THE LIBRARY OF CONGRESS, THE BOTANIC GARDEN, AND THE OFFICE OF THE ARCHITECT OF THE CAPITOL WHO OCCUPY POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED.

SEC. 201. OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES AS FOLLOWS:

SEC. 604. (A) IT SHALL BE THE DUTY OF THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, TO ESTABLISH AS OF THE EFFECTIVE DATE OF THIS ACT, FOR ALL FULL-TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS, IN THE DEPARTMENTAL AND THE FIELD SERVICES, A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS, AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS.

(D) (1) HEREAFTER, FOR ALL PAY COMPUTATION PURPOSES AFFECTING OFFICERS OR EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH, THE JUDICIAL BRANCH, OR THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, BASIC PER ANNUM RATES OF COMPENSATION ESTABLISHED BY OR PURSUANT TO LAW SHALL BE REGARDED AS PAYMENT FOR EMPLOYMENT DURING FIFTY-TWO BASIC ADMINISTRATIVE WORKWEEKS OF FORTY HOURS.

HOUSE OF REPRESENTATIVES REPORT NO. 726, 79TH CONGRESS, ON H.R. 3393, WHICH BECAME THE STATUTE HERE INVOLVED, STATES AT PAGE 9 THEREOF, AS FOLLOWS:

TITLES II AND III ALSO COVER ABOUT 11,000 EMPLOYEES NOT IN THE EXECUTIVE BRANCH. AMONG THESE ARE THE EMPLOYEES OF THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AND THOSE OF THE LIBRARY OF CONGRESS, THE BOTANIC GARDEN, THE OFFICE OF THE ARCHITECT OF THE CAPITOL, THE ADMINISTRATIVE OFFICE OF UNITED STATES COURTS AND THE MUNICIPAL COURT AND THE MUNICIPAL COURT OF APPEALS OF THE DISTRICT OF COLUMBIA, WHO ARE SUBJECT TO THE CLASSIFICATION ACT.

UNDER THE STATUTORY PROVISIONS, SUPRA, AND IN THE LIGHT OF THE QUOTED STATEMENT IN THE REPORT, THERE CAN BE NO DOUBT BUT THAT THE EMPLOYEES OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA WHOSE COMPENSATION IS FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT ARE SUBJECT TO THE OVERTIME PROVISIONS OF THE LAW REQUIRING THE ESTABLISHMENT OF A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS, RATHER THAN TO THE PROVISIONS OF SECTION 522 OF THE STATUTE, 59 STAT. 302, PROVIDING FOR A TEMPORARY 10 PERCENT ADDITIONAL COMPENSATION FOR EMPLOYEES OF THE JUDICIAL BRANCH.

THE SAID SECTION 604, WHEN CONSIDERED IN CONNECTION WITH SECTION 201, WOULD SEEM DEFINITELY TO REQUIRE THAT YOU, AS THE HEAD OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA, (1) ESTABLISH "A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS * * * WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS," AND (2) OFFICIALLY ORDER OR APPROVE THE NUMBER OF HOURS OF WORK TO BE PERFORMED IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK FOR WHICH OVERTIME COMPENSATION WILL BE PAID.

WHILE IT IS PROPER FOR THE HEAD OF AN AGENCY TO PRESCRIBE A REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK TO CONSIST OF A 40-HOUR BASIC WORKWEEK PLUS SUCH PERIOD OF OVERTIME WORK AS WILL BE REGULARLY REQUIRED EACH WEEK OF EACH GROUP OF EMPLOYEES AND--- WHERE GROUPS OF EMPLOYEES, OR ALL OF THE EMPLOYEES OF AN AGENCY WORK A COMMON TOUR OF DUTY--- TO DESIGNATE THE CALENDAR DAYS AND HOURS OF THE DAY FOR THE BASIC WORKWEEK OF 40 HOURS AS WELL AS THE LONGER ADMINISTRATIVE WORKWEEK (SEE SECTION 301 ( CHAP. I) OF THE REGULATIONS ISSUED PURSUANT TO SECTION 605 OF THE ACT, 59 STAT. 304, AND COMPARE 18 COMP. GEN. 575), THERE IS NO AUTHORITY UNDER ANY PROVISION OF THE LAW--- ON THE BASIS OF THE AVERAGE LENGTH OF THE OVERTIME SERVICE PERFORMED IN THE PAST BY EMPLOYEES OF THE COURT WHO APPARENTLY WORK IRREGULARLY, OR OTHERWISE--- TO PRESCRIBE THE NUMBER OF HOURS FOR WHICH OVERTIME COMPENSATION WILL BE PAID TO ALL EMPLOYEES OF THE COURT, AS APPARENTLY PROPOSED IN THE MEMORANDUM QUOTED IN YOUR LETTER, WITHOUT REGARD TO THE NUMBER OF HOURS OF OVERTIME ACTUALLY WORKED BY THE INDIVIDUAL EMPLOYEES CONCERNED. IT IS OBVIOUS THAT, UNDER THE STATUTE HERE INVOLVED, THE PERFORMANCE OF OVERTIME SERVICE BY ONE EMPLOYEE COULD NOT ENTITLE ANOTHER EMPLOYEE, WHO DOES NOT WORK IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, TO OVERTIME COMPENSATION IN ANY AMOUNT.

IT IS RECOGNIZED THAT, DUE TO THE NATURE AND VARYING VOLUME OF THE COURT WORK, IT MAY NOT BE PRACTICABLE TO FIX A REGULAR TOUR OF DEFINITE HOURS OF DUTY FOR EACH WORKDAY OF THE CALENDAR WEEK FOR ALL EMPLOYEES ATTACHED TO THE COURT, SUCH AS IS THE RULE GENERALLY WITH RESPECT TO OFFICERS AND EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE, IN THAT CONNECTION, THE DECISION OF FEBRUARY 4, 1943, B-31974, TO WHICH YOU REFER--- PARTICULARLY THE PENULTIMATE PARAGRAPH THEREOF. HOWEVER, NEITHER THAT DECISION NOR THE OTHER DECISION (22 COMP. GEN. 752) CITED IN YOUR LETTER, DEALING WITH A LAW QUITE DIFFERENT IN TERMS FROM THE PRESENT LAW, IS OTHERWISE APPLICABLE HERE. HAVING IN MIND THE NEEDS OF THE COURT WITH RESPECT TO REQUIRING IRREGULAR WORKING HOURS OF SOME OF ITS EMPLOYEES, I HAVE TO ADVISE THAT, INSTEAD OF ESTABLISHING A COMMON TOUR OF DUTY EACH WEEK FOR ALL EMPLOYEES, IT WOULD NOT BE IMPROPER FOR YOU TO ESTABLISH, AS THE BASIC ADMINISTRATIVE WORKWEEK FOR SUCH EMPLOYEES, THE FIRST 40 HOURS OF SERVICE PERFORMED BY THEM WITHIN A PERIOD OF NOT MORE THAN SIX DAYS OF THE WEEK AND TO ORDER OR APPROVE THE PERFORMANCE BY SUCH EMPLOYEES OF SUCH ADDITIONAL NUMBER OF HOURS OF SERVICE DURING THE WEEK AS MAY BE DEEMED NECESSARY--- SUCH ADDITIONAL HOURS OF SERVICE TO BE PAID FOR AS OVERTIME IN ACCORDANCE WITH THE PROVISIONS OF THE ACT. ALSO, IT WOULD BE PROPER UNDER SECTION 202 (A) OF THE STATUTE, 59 STAT. 297, TO GRANT COMPENSATORY TIME OFF FROM DUTY IN LIEU OF OVERTIME COMPENSATION FOR IRREGULAR OR OCCASIONAL DUTY PERFORMED IN EXCESS OF 48 HOURS IN ANY WEEK TO EMPLOYEES REQUESTING SUCH COMPENSATORY TIME OFF FROM DUTY.

WHILE IT WOULD BE WITHIN THE LAW FOR YOU TO ESTABLISH AN ADMINISTRATIVE WORKWEEK OF 44 HOURS, IN ADDITION TO ESTABLISHING A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS, PAYMENT OF OVERTIME COMPENSATION WOULD NOT BE AUTHORIZED IN ANY CASE EXCEPT FOR SUCH OFFICIALLY ORDERED OR APPROVED OVERTIME SERVICE AS IS ACTUALLY PERFORMED BY THE INDIVIDUAL CONCERNED.