B-59495, AUGUST 20, 1946, 26 COMP. GEN. 129

B-59495: Aug 20, 1946

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COMPENSATION - ADDITIONAL - PERCENTAGE INCREASE IN LIEU OF OVERTIME COMPENSATION - LIBRARY OF CONGRESS PER HOUR EMPLOYEES EMPLOYEES OF THE LIBRARY OF CONGRESS WHOSE COMPENSATION IS ADMINISTRATIVELY FIXED ON AN HOURLY BASIS PURSUANT TO STATUTORY AUTHORITY WITHOUT REGARD TO THE CLASSIFICATION ACT ARE ENTITLED TO THE PERCENTAGE ADDITION TO COMPENSATION "IN LIEU OF OVERTIME" PRESCRIBED FOR EMPLOYEES UNDER THE LEGISLATIVE BRANCH BY SECTION 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. 1946: REFERENCE IS MADE TO YOUR LETTER OF JULY 25. SECTION 5 (C) (60 STAT. 217) IS QUOTED AS FOLLOWS: "/C) SECTION 502 OF SUCH ACT IS AMENDED TO READ AS FOLLOWS: " ADDITIONAL COMPENSATION IN LIEU OF OVERTIME. ADVICE IS SOUGHT AS TO WHETHER THE LIBRARY OF CONGRESS SHOULD PAY CERTAIN NON-CLASSIFIED EMPLOYEES WHO ARE COMPENSATED AT HOURLY RATES FIXED BY THE LIBRARIAN AS PROVIDED FOR IN THE LEGISLATIVE BRANCH APPROPRIATIONS ACT (1) THE BASIC HOURLY RATE PLUS 10 PERCENT THEREOF FOR ALL HOURS WORKED DURING THE BASIC WORKWEEK WHICH MAY EXCEED 40 HOURS.

B-59495, AUGUST 20, 1946, 26 COMP. GEN. 129

COMPENSATION - ADDITIONAL - PERCENTAGE INCREASE IN LIEU OF OVERTIME COMPENSATION - LIBRARY OF CONGRESS PER HOUR EMPLOYEES EMPLOYEES OF THE LIBRARY OF CONGRESS WHOSE COMPENSATION IS ADMINISTRATIVELY FIXED ON AN HOURLY BASIS PURSUANT TO STATUTORY AUTHORITY WITHOUT REGARD TO THE CLASSIFICATION ACT ARE ENTITLED TO THE PERCENTAGE ADDITION TO COMPENSATION "IN LIEU OF OVERTIME" PRESCRIBED FOR EMPLOYEES UNDER THE LEGISLATIVE BRANCH BY SECTION 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, IRRESPECTIVE OF THE NUMBER OF HOURS WORKED PER WEEK.

ACTING COMPTROLLER GENERAL YATES TO THE LIBRARIAN OF CONGRESS, AUGUST 20, 1946:

REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1946, AS FOLLOWS:

THE FEDERAL EMPLOYEES' PAY ACT OF 1946, SECTION 5 (C) (60 STAT. 217) IS QUOTED AS FOLLOWS:

"/C) SECTION 502 OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:

" ADDITIONAL COMPENSATION IN LIEU OF OVERTIME.

"SEC. 502. EACH OFFICER AND EMPLOYEE IN OR UNDER THE LEGISLATIVE BRANCH ENTITLED TO THE BENEFITS OF SECTION 501 OF THIS ACT SHALL BE PAID ADDITIONAL COMPENSATION AT THE RATE OF 10 PERCENTUM OF THE AGGREGATE OF THE RATE OF HIS BASIC COMPENSATION AND THE RATE OF ADDITIONAL COMPENSATION RECEIVED BY HIM UNDER SECTION 501 OF THIS ACT.'

ADVICE IS SOUGHT AS TO WHETHER THE LIBRARY OF CONGRESS SHOULD PAY CERTAIN NON-CLASSIFIED EMPLOYEES WHO ARE COMPENSATED AT HOURLY RATES FIXED BY THE LIBRARIAN AS PROVIDED FOR IN THE LEGISLATIVE BRANCH APPROPRIATIONS ACT (1) THE BASIC HOURLY RATE PLUS 10 PERCENT THEREOF FOR ALL HOURS WORKED DURING THE BASIC WORKWEEK WHICH MAY EXCEED 40 HOURS.

TITLE V, INCLUDING SECTIONS 501 AND 502, FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 301, IS FOR APPLICATION UNLESS THE INVOLVED EMPLOYEES BE WAGE-BOARD EMPLOYEES EXCEPTED UNDER SECTION 102 (C) OF SAID STATUTE, 59 STAT. 296. IT IS NOT THOUGHT, HOWEVER, THAT THEY COULD BE SO CONSIDERED AS IT IS NOT APPARENT THAT THEY ARE MEMBERS OF TRADES OR OCCUPATIONS WHOSE WAGES ARE ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES IN THE VICINITY IN WHICH WORK IS PERFORMED. SEE 22 COMP. GEN. 651. CF. 25 ID. 35, 409. WHILE SECTION 502, AS AMENDED BY SECTION 5 (C) OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 217, IS ENTITLED," ADDITIONAL COMPENSATION IN LIEU OF ERTIME," THE 10 PERCENT ADDITIONAL COMPENSATION THEREIN PROVIDED IS NOT CONDITIONED UPON THE ACTUAL PERFORMANCE OF OVERTIME SERVICES BUT IS PAYABLE TO "EACH OFFICER AND EMPLOYEE * * * ENTITLED TO THE BENEFITS OF SECTION 501 OF THIS ACT.'

ACCORDINGLY, THE HOURLY RATES OF PAY FIXED ADMINISTRATIVELY FOR THE INVOLVED EMPLOYEES PRIOR TO JULY 1, 1946, APPEAR REQUIRED TO BE INCREASED BY 10 PERCENT IRRESPECTIVE OF THE NUMBER OF HOURS WORKED PER WEEK.