B-52095, OCTOBER 2, 1945, 25 COMP. GEN. 317

B-52095, OCTOBER 2, 1945, 25 COMP. GEN. 317

FEDERAL EMPLOYEES PAY ACT OF 1945 - TRAVEL TIME AN EMPLOYEE NOT SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHOSE COMPENSATION IS FIXED BY ADMINISTRATIVE REGULATION HAVING THE FORCE AND EFFECT OF LAW UPON A DAILY OR HOURLY BASIS, RATHER THAN UPON AN ANNUAL BASIS, IS ENTITLED, WHILE IN A TRAVEL STATUS AWAY FROM HIS HEADQUARTERS, TO HIS STRAIGHT-TIME COMPENSATION FOR TRAVEL TIME DURING HIS USUAL HOURS OF WORK ON A REGULAR WORKDAY OF HIS 44-HOUR WORKWEEK, BUT NOT TO OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR TRAVEL THEREUNDER ON SUCH A DAY. AN EMPLOYEE NOT SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHOSE COMPENSATION IS ADMINISTRATIVELY FIXED ON A DAILY OR HOURLY BASIS, AND WHO, WHILE IN A TRAVEL STATUS, PERFORMS ONLY TRAVEL ON THE "OVERTIME" AND NONWORKDAYS OUTSIDE OF HIS REGULAR 44-HOUR WEEKLY TOUR OF DUTY, IS ENTITLED TO REGULAR COMPENSATION FOR TRAVEL PERFORMED DURING HOURS CORRESPONDING TO THOSE OF HIS DAILY TOUR OF DUTY; HOWEVER, OVERTIME COMPENSATION IS PAYABLE UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR ANY PERIOD OF ACTUAL WORK DURING OR OUTSIDE OF THOSE HOURS WHICH IS IN EXCESS OF 40 HOURS DURING THE WEEK. AN EMPLOYEE NOT SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHOSE COMPENSATION IS ADMINISTRATIVELY FIXED ON A DAILY OR HOURLY BASIS, AND WHO TRAVELS BY TRUCK OR OTHER VEHICLE FROM A PLACE OF DUTY DURING HOURS OUTSIDE OF HIS REGULAR TOUR OF DUTY, IS NOT ENTITLED TO PAYMENT OF COMPENSATION FOR SUCH TRAVEL TIME, EXCEPT THAT COMPENSATION AT STRAIGHT- TIME RATES MAY BE PAID FOR TRAVEL TIME AFTER THE "OVERTIME" HOURS OF HIS REGULAR WORKWEEK, AND ON A NON-WORKDAY, CORRESPONDING TO THOSE OF HIS REGULAR DAILY 8-HOUR TOUR OF DUTY. AN EMPLOYEE NOT SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, BUT COMPENSATED AT DAILY OR HOURLY RATES PURSUANT TO ADMINISTRATIVE REGULATION, WHO, WHILE IN A TRAVEL STATUS, WORKED SO LONG AT A DUTY STATION AS TO PRECLUDE HIS RETURN TO HIS HEADQUARTERS ON THE SAME DAY, IS ENTITLED, UPON HIS RETURN ON THE FOLLOWING DAY WHICH IS A NON-WORKDAY, TO STRAIGHT-TIME COMPENSATION FOR TRAVEL TIME BY TRUCK OR OTHER CONVEYANCE DURING THE 8 HOURS CORRESPONDING TO THOSE OF HIS REGULAR TOUR OF DUTY. OFFICIAL TRAVEL TIME OF A FOREST RANGER EMPLOYED ON A PER ANNUM BASIS DURING HOURS OUTSIDE OF HIS REGULAR WORKING HOURS--- INCLUDING OVERTIME HOURS REGULARLY ESTABLISHED--- MAY NOT BE COMPENSATED UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 AT EITHER STRAIGHT-TIME OR OVERTIME RATES, REGARDLESS OF THE MODE OF TRANSPORTATION UTILIZED. 25 COMP. GEN. 121, AMPLIFIED. WHERE A LABORER ON A PER DIEM BASIS IS ASSIGNED IN AN EMERGENCY DURING HIS BASIC 40-HOUR WORKWEEK TO FIRE-FIGHTING WORK AT FIRE FIGHTING RATES, AS REQUIRED BY HIS CONTRACT OF EMPLOYMENT, ANY OVERTIME SERVED AS A FIRE FIGHTER MAY BE USED TO "FILL IN" TIME LOST DURING THE BASIC WORKWEEK IN THE REGULAR POSITION OF THE EMPLOYEE, SO THAT OVERTIME WORK PERFORMED AS A LABORER MAY BE COMPENSATED AT OVERTIME RATES PURSUANT TO SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, OCTOBER 2, 1945:

I HAVE YOUR LETTER OF AUGUST 29, 1945, AS FOLLOWS:

IN DECISION B-51099 DATED JULY 28 THE REPLY TO QUESTION 8 REFERS SPECIFICALLY TO PER ANNUM EMPLOYEES, AND THERE REMAINS A DOUBT AS TO THE TRAVEL TIME OF OTHER CLASSES OF FULL-TIME (ALTHOUGH TEMPORARY IN MANY CASES) EMPLOYEES NOT ON PER ANNUM BASIS. DECISION 14 COMP. GEN. 907 WITH RESPECT TO EMPLOYEES SUBJECT TO SECTION 23 OF ACT OF MARCH 28, 1934 (48 STAT. 522, 5 U.S.C. 673C) STATES THAT TRAVEL TIME MAY BE PAID FOR THE BASIC RATE PER HOUR FOR NOT TO EXCEED 8 HOURS IN ANY ONE DAY AND THAT TRAVEL TIME IN EXCESS OF THE BASIC 40-HOUR WEEK SHOULD BE ELIMINATED "WHEN COMPUTING HOURS OF LABOR FOR OVER-TIME PAY PURPOSES.' DECISION 24 COMP. GEN. 65 STATES THAT HOURLY-RATE EMPLOYEES SUBJECT TO THAT ACT WHOSE REGULAR WEEKLY WORK SCHEDULE IS SIX 8-HOUR DAYS MONDAY TO SATURDAY ARE ENTITLED TO COMPENSATION FOR NOT TO EXCEED 8 HOURS AT OVERTIME RATES FOR TRAVEL ON SATURDAY, THE OVERTIME DAY, AND FOR NOT TO EXCEED 8 HOURS AT BASIC RATE FOR SUNDAY TRAVEL (OUTSIDE THE REGULAR WORK SCHEDULE). DECISION 24 COMP. GEN. 210 STATES FURTHER THAN AN EMPLOYEE WHO (QUOTING FROM THE SYLLABUS) "PERFORMS BOTH ACTUAL WORK AND TRAVEL ON A DAY OUTSIDE OF HIS 5-DAY WEEKLY TOUR OF DUTY IS ENTITLED TO REGULAR OR OVERTIME COMPENSATION, AS THE CASE MAY BE, FOR TRAVEL PERFORMED DURING THE 8 HOURS CORRESPONDING TO THOSE OF HIS REGULAR TOUR OF DUTY, ONLY, AND TO NO COMPENSATION FOR TRAVEL PERFORMED AFTER SUCH HOURS.'

IT SEEMS CLEAR THAT AN EMPLOYEE SUBJECT TO THE 1934 ACT WOULD BE PAID (1) BASIC TIME FOR TRAVEL DURING THE REGULAR HOURS IN THE 40-HOUR WEEK, (2) OVERTIME PAY FOR TRAVEL WITHIN SIMILAR HOURS ON DAYS OUTSIDE THE 40-HOUR WEEK (AND IN EXCESS OF 40 HOURS) ON WHICH BOTH ACTUAL WORK AND TRAVEL IS PERFORMED, BUT (3) WOULD BE PAID FOR NO TRAVEL TIME EITHER WITHIN OR OUTSIDE THE DAYS COVERED BY THE REGULAR TOUR OF DUTY IF BEFORE OR AFTER THE REGULAR WORKING HOURS OF A DAY. ALSO, IT IS UNDERSTOOD THAT FOR TRAVEL ALONE, NO WORK BEING PERFORMED, AN EMPLOYEE UNDER THE 1934 ACT WOULD BE ALLOWED BASIC WAGE FOR TRAVEL ON A NONWORK DAY ( SUNDAY) BETWEEN THE HOURS CONSTITUTING THE NORMAL WORKING DAY, BUT NOTHING FOR TRAVEL OUTSIDE OF SUCH HOURS.

THE FOREST SERVICE HAS MANY EMPLOYEES HIRED AT LOCAL RATES NOT FIXED AND ADJUSTED BY WAGE BOARDS OR SIMILAR AUTHORITY, AND THEREFORE NOT SUBJECT TO THE 1934 ACT, SUCH AS LABORERS ON IMPROVEMENT, BRUSH DISPOSAL AND OTHER WORK AT DAILY OR HOURLY RATES WITH AN ADMINISTRATIVE WORKWEEK OF 44 HOURS. SOME OF THESE ARE EMPLOYED WITH THE UNDERSTANDING THAT WHEN ASSIGNED TO FIRE SUPPRESSION WORK THEY WILL BE PAID AT THE RATE APPLYING TO THE REGULAR EMPLOYMENT, AND OTHERS WITH THE UNDERSTANDING THAT FIRE SUPPRESSION WORK WILL BE PAID FOR AT THE APPLICABLE FIRE RATE. ASIDE FROM FIRE SUPPRESSION, TRAVEL ORDINARILY IS LIMITED TO TRANSFERRING FROM ONE CAMP TO ANOTHER. ASSUMING FOR THESE EMPLOYEES A DAILY WORK PERIOD OF 8:00 A.M. TO 5:00 P.M. MONDAY TO FRIDAY AND 8:00 A.M. TO 12:00 M. SATURDAY, THE FOLLOWING QUESTIONS ARE PRESENTED:

1. IN THE REGULAR WORK (WEEK), WOULD TRAVEL TIME BE ALLOWED AS WORK TIME FOR TWO HOURS OR THREE HOURS IF THE TRAVEL FROM ONE CAMP TO ANOTHER WERE PERFORMED BETWEEN 3.00 P.M. AND 6.00 P.M., MONDAY TO FRIDAY, OF WHICH ONLY TWO HOURS IS WITHIN THE REGULAR WORK DAY? IF THREE HOURS, WOULD THE ONE HOUR IN EXCESS OF BASIC TIME FOR THE WEEK BE AT BASIC OR OVERTIME RATE?

2. UNDER NO. 1, WOULD PAY FOR TRAVEL TIME BE ALLOWED ON SATURDAY AFTERNOON OR ON SUNDAY (1) BETWEEN 8:00 A.M. AND 5:00 P.M. OR (2) OUTSIDE OF THESE HOURS, IF (A) NO WORK IS PERFORMED AFTER SATURDAY NOON, OR (B) SOME WORK IS PERFORMED ON THE SATURDAY AFTERNOON OR THE SUNDAY IN WHICH THE TRAVEL OCCURS? IF ALLOWED, WOULD IT BE AT OVERTIME OR BASIC RATE?

3. IF SUCH EMPLOYEE IS SENT TO A FIRE OR RETURNS FROM A FIRE BY TRUCK OR OTHER VEHICLE BEFORE 8:00 A.M. MONDAY TO SATURDAY, AFTER 5:00 P.M. MONDAY TO FRIDAY, OR ON SATURDAY AFTERNOON OR SUNDAY, MAY PAYMENT BE MADE FOR SUCH TRAVEL TIME (A) OCCURRING BEFORE OR AFTER THE NORMAL WORKING HOURS OR (B) ON SATURDAY AFTERNOON AND SUNDAY WITHIN THE HOURS CORRESPONDING TO REGULAR TOUR OF DUTY? IF SO, WOULD PAYMENT BE AT BASIC OR OVERTIME RATE?

4. IN NO. 3, WOULD IT MAKE ANY DIFFERENCE WHETHER THE TRAVEL IS PERFORMED ON A DAY ON WHICH NO WORK IS PERFORMED? AS AN ILLUSTRATION, AN EMPLOYEE COMPLETES HIS WORK ON A FIRE LATE SATURDAY, REMAINS AT THE FIRE CAMP OVER NIGHT AND TRAVELS BACK TO THE IMPROVEMENT CAMP SUNDAY MORNING, ON WHICH DAY NO WORK IS PERFORMED.

PENDING YOUR DECISION THE FOREST SERVICE IS APPLYING TO THESE FULL TIME (ALTHOUGH SEASONAL) EMPLOYEES AT HOURLY AND DAILY RATES THE RULES STATED IN THE JULY 28 DECISION WITH RESPECT TO PER ANNUM EMPLOYEES.

5. FURTHER CONSIDERATION IS DESIRED AS TO THE APPLICATION TO PER ANNUM EMPLOYEES OF YOUR REPLY TO QUESTION 8. IN EXPLANATION OF A DIFFERENCE BETWEEN THIS DECISION AND DECISIONS UNDER THE 1934 ACT, THE DECISION STATES THAT IT IS BELIEVED CONGRESS DID NOT INTEND THE NEW PAY STATUTE "TO BE SO ADMINISTERED AS TO CAUSE THE STATUTORY LIMITATION UPON THE ANNUAL BASIC SALARY RATE, PLUS REGULAR OVERTIME COMPENSATION DURING ANY WEEK, TO BE EXCEEDED BY AUTHORIZING PAYMENT OF ANY ADDITIONAL COMPENSATION SOLELY BECAUSE OF OFFICIAL TRAVEL OUTSIDE OF THE BASIC WORKWEEK PLUS THE PERIOD OF REGULARLY ORDERED OVERTIME--- IN THIS CASE 44 HOURS PER WEEK.' QUESTION HAS BEEN RAISED AS TO WHETHER THIS CONCLUSION APPLIES ONLY TO TRAVEL ALONE OUTSIDE THE REGULARLY SCHEDULED WORK-WEEK OR APPLIES ALSO TO DAYS OUTSIDE THE REGULAR TOUR OF DUTY ON WHICH BOTH TRAVEL AND WORK ARE PERFORMED. IT IS CLEAR FROM THE DECISION THAT TRAVEL BETWEEN TWO DUTY POINTS PERFORMED ON SATURDAY AFTERNOON OR SUNDAY, NO WORK BEING PERFORMED, WOULD ENTITLE AN EMPLOYEE TO NO ADDITIONAL COMPENSATION. IT COMMONLY HAPPENS IN FOREST FIRE SUPPRESSION WORK AND OCCASIONALLY IN OTHER WORK THAT AN EMPLOYEE TRAVELS ON SATURDAY AFTERNOON OR SUNDAY TO AND/OR FROM A SPECIFIC JOB. FOR EXAMPLE, A FOREST RANGER MAY RECEIVE A FIRE REPORT AT 3:00 P.M. SATURDAY OR 10:00 A.M. SUNDAY, SPEND AN HOUR OR OTHER PERIOD TRAVELING TO THE FIRE AND AFTER IT IS EXTINGUISHED RETURN TO HIS STATION. IN SUCH EVENT MAY HE BE ALLOWED COMPENSATION FOR HIS TRAVEL TIME TO AND FROM THE FIRE SATURDAY AFTERNOON OR SUNDAY (A) WITHIN THE HOURS CORRESPONDING TO HIS REGULAR TOUR OF DUTY SUCH AS 8:00 A.M. TO 5:00 P.M. AND (B) BEFORE OR AFTER SUCH HOURS?

6. IN NO. 5 WOULD IT MAKE ANY DIFFERENCE WHETHER HE TRAVELED (A) IN A GOVERNMENT TRUCK WITH OR WITHOUT ASSISTANTS, HE DRIVING THE TRUCK AND TRANSPORTING SUCH TOOLS AND SUPPLIES AS HE EXPECTS TO NEED ON THE FIRE (WHICH MAY BE A SMALL QUANTITY), (B) IN A GOVERNMENT OR HIS OWN PASSENGER CAR UNDER THE SAME CONDITIONS, OR (C) BY HORSEBACK? INCIDENTALLY, IT MAY BE MENTIONED THAT ANY TRAVEL BY FOOT FROM THE POINT OF LEAVING THE VEHICLE TO AND FROM THE FIRE IS CONSIDERED WORK TIME AS IS ALSO ANY WORK NECESSARY IN CARING FOR A HORSE.

7. IF TRAVEL TIME IS ALLOWABLE UNDER THE ABOVE QUESTION WOULD THE SAME RULE APPLY TO TRAVEL TO AND FROM A SPECIFIC JOB NOT ENDANGERING LIFE OR PROPERTY?

8. IN REPLYING TO QUESTION 17 IN THE JULY 28 DECISION IT WAS STATED THAT AN EMPLOYEE DETAILED FROM HIS USUAL WORK TO FIREFIGHTING WHO WORKS 15 HOURS ON FIRE IN ONE DAY, PAID FOR AT FIREFIGHTING RATES, MAY COUNT 8 HOURS OF THE DAY'S WORK TO COMPLETE HIS BASIC WORKWEEK SO THAT ANY OVERTIME WORK ON THE REGULAR JOB ON SATURDAY WOULD BE AT OVERTIME RATE. FURTHER QUESTION ARISES AS TO THE WHETHER FIREFIGHTING TIME IN EXCESS OF 8 HOURS ON ONE DAY MAY BE CREDITED, UNDER CERTAIN CONDITIONS, TOWARD THE BASIC TIME OF ANOTHER DAY ON WHICH REGULAR WORK IS NOT PERFORMED. WHERE THE EMPLOYMENT CONTRACT REQUIRES A MAN TO LEAVE HIS NORMAL WORK AND FIGHT FIRE AS NECESSARY AT FIREFIGHTING RATES, IT WOULD BE UNFAIR TO DEPRIVE HIM OF OVERTIME EARNINGS THAT HE WOULD OTHERWISE HAVE ON THE REGULAR JOB. OCCASIONALLY A MAN MAY BE ENGAGED IN STRENUOUS FIREFIGHT WORK FOR 15 OR 20 HOURS A DAY FOR ONE OR MORE DAYS AND AS A RESULT BE SO EXHAUSTED AS TO JUSTIFY REFRAINING FROM REGULAR WORK ON A FOLLOWING DAY. AS A SPECIFIC QUESTION, IF AN EMPLOYEE SHOULD WORK 18 HOURS AT FIREFIGHTING ON TUESDAY, QUITTING WORK NEAR MIDNIGHT, COULD HE BE RELIEVED FROM WORKING ON HIS REGULAR JOB WEDNESDAY AND OF THE 18 HOURS FIREFIGHTING TIME COUNT FOR COMPLETION OF THE BASIC WEEK 8 HOURS EACH FOR TUESDAY AND WEDNESDAY SO THAT HIS REGULAR WORK AT THE END OF THE WEEK ( SATURDAY) WOULD BE AT OVERTIME RATES?

THE RULES STATED IN THE DECISION OF SEPTEMBER 9, 1944, 24 COMP. GEN. 210, ARE AS FOLLOWS (QUOTING FROM THE SYLLABUS):

AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO HIS REGULAR COMPENSATION FOR TRAVEL TIME DURING HIS USUAL HOURS OF WORK ON A REGULAR WORKDAY OF HIS 5-DAY WEEKLY TOUR OF DUTY, BUT NOT FOR ANY TRAVEL TIME THEREAFTER ON SUCH A DAY.

AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO IS IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS ENTITLED TO OVERTIME COMPENSATION FOR ANY PERIOD OF "LABOR"--- AS DISTINGUISHED FROM TRAVEL--- BEYOND HIS 40-HOUR WEEKLY TOUR OF DUTY, WHETHER SUCH LABOR BE PERFORMED ON A NON-WORKDAY OR DURING HOURS OUTSIDE OF HIS DAILY TOUR OF DUTY ON A REGULAR WORKDAY.

AN EMPLOYEE SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, WHO, WHILE IN A TRAVEL STATUS, PERFORMS BOTH ACTUAL WORK AND TRAVEL ON A DAY OUTSIDE OF HIS 5-DAY WEEKLY TOUR OF DUTY IS ENTITLED TO REGULAR OR OVERTIME COMPENSATION, AS THE CASE MAY BE, FOR TRAVEL PERFORMED DURING THE 8 HOURS CORRESPONDING TO THOSE OF HIS REGULAR TOUR OF DUTY, ONLY, AND TO NO COMPENSATION FOR TRAVEL PERFORMED AFTER SUCH HOURS--- THUS REQUIRING THAT THE MAXIMUM OF 8 HOURS FOR WHICH COMPENSATION WOULD BE PAYABLE AS FOR TRAVEL TIME BE REDUCED BY THE NUMBER OF HOURS' ACTUAL WORK PERFORMED DURING THE HOURS CORRESPONDING TO THE REGULAR TOUR OF DUTY.

THE RULE STATED IN DECISION OF AUGUST 3, 1944, B-43439, 24 COMP. GEN. 65, WITH RESPECT TO PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, FOR TRAVEL TIME ON SATURDAY, THE "OVERTIME" DAY OF THE WORKWEEK UNDER PRESENT WORK SCHEDULES, IS APPLICABLE PROSPECTIVELY ONLY * * * .

THOSE RULES ARE FOR APPLICATION IN CONSIDERING THE FIRST FOUR QUESTIONS PRESENTED--- RATHER THAN THE RULE STATED IN THE DECISION OF JULY 28, 1945, B-51099, 25 COMP. GEN. 121 (QUESTION AND ANSWER 8/--- IN THE CASE OF EMPLOYEES OF THE CLASS MENTIONED IN THE THIRD PARAGRAPH OF YOUR LETTER WHOSE COMPENSATION IS FIXED BY ADMINISTRATIVE REGULATION HAVING THE FORCE AND EFFECT OF LAW UPON A DAILY OR HOURLY BASIS, RATHER THAN UPON AN ANNUAL BASIS, NOTWITHSTANDING THAT THE 40-HOUR WEEK STATUTE OF 1934 IS NOT REGARDED AS APPLICABLE TO THEM. THE DISTINCTION BETWEEN EMPLOYEES PAID UPON A DAILY OR HOURLY BASIS AND EMPLOYEES PAID UPON AN ANNUAL BASIS WITH REGARD TO TRAVEL TIME IS STATED IN SAID DECISION OF JULY 28, 1945 (SEE QUESTION AND ANSWER 8). THE EMPLOYEES MENTIONED IN THE THIRD PARAGRAPH OF YOUR LETTER ARE ENTITLED TO OVERTIME COMPENSATION AT THE RATE OF ONE AND ONE-HALF TIMES THEIR BASIC RATE "FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK" (QUOTING FROM SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296), PROVIDED, OF COURSE, THAT THE PER ANNUM EQUIVALENT RATE IS LESS THAN $2,980 PER ANNUM. DECISION OF JULY 10, 1945, B-50789, 25 COMP. GEN. 35.

IN THE LIGHT OF THE FOREGOING, YOUR QUESTIONS ARE ANSWERED SPECIFICALLY AS FOLLOWS:

1. ONLY TWO HOURS OF TRAVEL TIME MAY BE PAID FOR AT STRAIGHT TIME RATES AS EMPLOYMENT, THAT IS, FROM 3 P.M. TO 5 P.M. THE EMPLOYEE WOULD NOT BE ENTITLED TO OVERTIME COMPENSATION.

2. TRAVEL TIME IS ALLOWABLE AS EMPLOYMENT FOR FOUR HOURS ON SATURDAY AFTERNOON AND ON SUNDAY BETWEEN 8 A.M. AND 5 P.M. REGARDLESS OF WHETHER ACTUAL WORK IS PERFORMED DURING THOSE HOURS, BUT TRAVEL TIME ONLY OUTSIDE OF THOSE HOURS AND THE HOURS OF THE BASIC WORKWEEK IS NOT ALLOWABLE AS EMPLOYMENT. BASIC RATES OF COMPENSATION ARE PAYABLE FOR TRAVEL TIME ONLY DURING THOSE HOURS AND OVERTIME RATES OF COMPENSATION ARE PAYABLE FOR ANY PERIOD OF ACTUAL WORK DURING OR OUTSIDE OF THOSE HOURS WHICH IS IN EXCESS OF 40 HOURS DURING THE WEEK.

3.IN THE APPLICATION OF THE RULES STATED IN THE DECISION OF SEPTEMBER 9, 1944, SUPRA, TRAVEL TIME BY TRUCK OR OTHER VEHICLE WOULD NOT BE REGARDED AS BEING DIFFERENT FROM TRAVEL BY ANY OTHER MEANS. THEREFORE, PAYMENT OF COMPENSATION MAY NOT BE MADE SOLELY FOR TRAVEL TIME BY TRUCK OR OTHER VEHICLE BEFORE 8 A.M. OR AFTER 5 P.M. ON MONDAY TO FRIDAY, INCLUSIVE, BUT COMPENSATION AT STRAIGHT TIME RATES MAY BE PAID FOR TRAVEL TIME BY TRUCK OR OTHER VEHICLE DURING FOUR HOURS ON SATURDAY AFTERNOON AND DURING EIGHT HOURS ON SUNDAY CORRESPONDING TO THE REGULAR DAILY TOUR OF DUTY ON OTHER DAYS. COMPARE 24 COMP. GEN. 557. 4. IF THE EMPLOYEE WORKED SO LATE ON SATURDAY AS TO PRECLUDE RETURN TO HEADQUARTERS THAT NIGHT, THE ANSWER TO QUESTION 3 WOULD BE APPLICABLE, THAT IS, THE EMPLOYEE WOULD BE ENTITLED TO STRAIGHT TIME COMPENSATION FOR TRAVEL TIME BY TRUCK OR OTHER CONVEYANCE AFTER 8 A.M. ON SUNDAY.

5. IN THE DECISION OF JULY 28, 1945, B-51099, SUPRA, TO YOU, THERE WAS ANSWERED IN THE AFFIRMATIVE THAT PART OF QUESTION 8, AS FOLLOWS:

* * * IN OTHER WORDS, IF EMPLOYEES COVERED BY THE PAY ACT OF 1945 ARE IN TRAVEL STATUS DURING SATURDAY AND SUNDAY, THEY WOULD BE ENTITLED TO THE FOUR HOURS OVERTIME PAY ON SATURDAY ONLY. NO OVERTIME PAY OR STRAIGHT TIME PAY SHOULD BE GRANTED FOR ANY OTHER HOURS DURING SATURDAY OR SUNDAY BY MERE REASON THAT THE EMPLOYEE IS IN TRAVEL STATUS, UNLESS WORK IS ACTUALLY ORDERED OR PERFORMED. AN EMPLOYEE, HOWEVER, SINCE HE IS IN A TRAVEL STATUS DURING SUCH DAYS WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE. ARE THESE ASSUMPTIONS CORRECT? THAT RULE WAS STATED AS APPLICABLE TO ALL PER ANNUM EMPLOYEES AND NO REASON IS PERCEIVED--- AND NONE HAS BEEN ADVANCED--- WHY IT SHOULD NOT APPLY TO THE EMPLOYEE REFERRED TO UNDER THIS QUESTION. ACCORDINGLY, BOTH SUBQUESTIONS (A) AND (B) ARE ANSWERED IN THE NEGATIVE.

6. SUBQUESTIONS (A), (B), AND (C) ARE ANSWERED IN THE NEGATIVE, THAT IS, THE ANSWER TO QUESTION 5 IS EQUALLY APPLICABLE TO THIS QUESTION.

7. IN THE LIGHT OF THE ANSWERS TO QUESTIONS 5 AND 6, SUPRA, NO ANSWER TO THIS QUESTION IS REQUIRED.

8. QUESTION AND ANSWER 17 IN DECISION OF JULY 28, 1945, B-51099, SUPRA, TO YOU, WERE STATED AS FOLLOWS:

17. IS THE BASIC WEEK OR THE OVERTIME PAY FOR A REGULAR POSITION AFFECTED BY ASSIGNMENT TO OTHER WORK? FOR EXAMPLE, A LABORER ASSIGNED ROAD OR TRAIL WORK MAY BE HIRED AT $6.00 A DAY WITH THE UNDERSTANDING THAT IF A FIRE BREAKS OUT, HE WILL BE ASSIGNED TO FIRE-FIGHTING DURING WHICH TIME HE WILL BE PAID AT THE CURRENT FIRE RATE APPLICABLE TO THE POSITION FILLED. FIREFIGHTERS ARE PAID AT RATES ESTABLISHED BY WAGE BOARDS BUT SUCH RATES DO NOT PROVIDE FOR OVERTIME COMPENSATION INASMUCH AS FIREFIGHTERS ARE NOT CONSIDERED MEMBERS OF THE "TRADES AND OCCUPATIONS" REFERRED TO IN THE ACT OF MARCH 28, 1934. WILL THIS EMPLOYEE BE ENTITLED TO OVERTIME AS A LABORER IF HE WORKS EIGHT HOURS A DAY MONDAY THROUGH THURSDAY AND FOUR HOURS ON SATURDAY AS A LABORER, AND 15 HOURS ON FRIDAY AS A FIREFIGHTER AT THE FIRE RATE? IN THE LABORER POSITION WHICH EMPLOYED, HE WILL HAVE WORKED ONLY 36 HOURS, BUT A TOTAL OF 51 HOURS IN THE TWO JOBS.

IF, AS IS UNDERSTOOD, THE APPOINTMENT OR CONTRACT OF EMPLOYMENT PROVIDED FOR ASSIGNMENT OF THIS EMPLOYEE TO FIRE FIGHTING WHEN THE NEED ARISES AND FOR PAYMENT THEREFOR AT A DIFFERENT RATE, HE WOULD BE ENTITLED TO COUNT THE SERVICE AS FIREFIGHTER FOR EIGHT HOURS ON FRIDAY TO COMPLETE HIS BASIC WORKWEEK OF 40 HOURS. HENCE, HE WOULD BE ENTITLED TO COMPENSATION AT STRAIGHT TIME FOR 32 HOURS ( MONDAY THROUGH THURSDAY) AS LABORER, PLUS FOUR HOURS OVERTIME COMPENSATION FOR SATURDAY AS LABORER, PLUS 15 HOURS STRAIGHT TIME AS FIRE FIGHTER FOR FRIDAY.

FOR LIKE REASONS, ANY OVERTIME SERVED AS A FIRE FIGHTER DURING THE WEEK MAY BE USED TO "FILL IN" TIME LOST DURING THE BASIC WORKWEEK IN THE REGULAR POSITION OF THE EMPLOYEE. THEREFORE, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.