B-94421, NOV. 26, 1963

B-94421: Nov 26, 1963

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YOUR DEPUTY ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF PAYING DOUBLE TIME FOR WORK PERFORMED ON HOLIDAYS BY WAE EMPLOYEES WHOSE COMPENSATION IS FIXED BY WAGE BOARD OR SIMILAR ADMINISTRATIVE PROCEDURE. BOWER: "EMPLOYEE WAS PAID AT DOUBLE THE STRAIGHT TIME HOURLY RATE OF $2.21 FOR 7 HOURS WORKED ON JULY 4. SINCE THE PAYEE WAS EMPLOYED UNDER AN INTERMITTENT WAE TYPE OF APPOINTMENT. WOULD NOT HAVE BEEN ENTITLED TO PAYMENT FOR THE HOLIDAY HAD NO SERVICES BEEN PERFORMED HE IS ENTITLED TO PAYMENT FOR THE HOURS WORKED AT ONLY THE STRAIGHT TIME RATE OF $2.21 AN HOUR. IF YOUR ANSWER TO QUESTION NO. 1 IS IN THE AFFIRMATIVE. WOULD NOT A WAE EMPLOYEE WORKING ON A NATIONAL HOLIDAY DURING SUCH A BASIC ADMINISTRATIVE WORKWEEK BE ENTITLED TO DOUBLE PAY FOR THAT DAY IF IT IS NOT CONTRARY TO THE LOCAL PREVAILING PRACTICE? "3.

B-94421, NOV. 26, 1963

TO THE SECRETARY OF THE INTERIOR:

ON OCTOBER 21, 1963, YOUR DEPUTY ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF PAYING DOUBLE TIME FOR WORK PERFORMED ON HOLIDAYS BY WAE EMPLOYEES WHOSE COMPENSATION IS FIXED BY WAGE BOARD OR SIMILAR ADMINISTRATIVE PROCEDURE. THE FOLLOWING TYPE EXCEPTION HAD BEEN STATED BY OUR OFFICE AGAINST PAYMENT OF DOUBLE TIME TO THE EMPLOYEES ONCERNED:

"ELDON L. BOWER:

"EMPLOYEE WAS PAID AT DOUBLE THE STRAIGHT TIME HOURLY RATE OF $2.21 FOR 7 HOURS WORKED ON JULY 4, 1960. SINCE THE PAYEE WAS EMPLOYED UNDER AN INTERMITTENT WAE TYPE OF APPOINTMENT, AND WOULD NOT HAVE BEEN ENTITLED TO PAYMENT FOR THE HOLIDAY HAD NO SERVICES BEEN PERFORMED HE IS ENTITLED TO PAYMENT FOR THE HOURS WORKED AT ONLY THE STRAIGHT TIME RATE OF $2.21 AN HOUR. SEE 26 COMP. GEN. 290.'

YOUR ACTING DEPUTY SECRETARY POSES THREE SPECIFIC QUESTIONS:

"1. MAY A WAE EMPLOYEE WHO WORKS DURING THE NORMAL WORKWEEK (MONDAY THROUGH FRIDAY) BE CONSIDERED AS WORKING WITHIN A BASIC ADMINISTRATIVE WORKWEEK?

"2. IF YOUR ANSWER TO QUESTION NO. 1 IS IN THE AFFIRMATIVE, WOULD NOT A WAE EMPLOYEE WORKING ON A NATIONAL HOLIDAY DURING SUCH A BASIC ADMINISTRATIVE WORKWEEK BE ENTITLED TO DOUBLE PAY FOR THAT DAY IF IT IS NOT CONTRARY TO THE LOCAL PREVAILING PRACTICE?

"3. BASED ON THE PROPRIETY OF ORDER NO. 2572, AND THE EXPLANATION CONCERNING IT AS GIVEN IN THIS LETTER, MAY THE NOTICES OF EXCEPTION LISTED ABOVE BE RETURNED TO YOUR OFFICE FOR CANCELLATION OR WITHDRAWAL?

WHETHER A WAE PREVAILING RATE EMPLOYEE (INCLUDING AN INTERMITTENT WAE PREVAILING RATE EMPLOYEE) MAY BE PAID DOUBLE TIME FOR WORK PERFORMED ON HOLIDAYS, WOULD DEPEND UPON WHETHER AN APPROPRIATE DETERMINATION COULD BE MADE THAT IT IS A CURRENT COMMERCIAL PRACTICE TO PAY DOUBLE TIME FOR SERVICES PERFORMED ON HOLIDAYS BY EMPLOYEES OF THE TYPE INVOLVED.

THE DECISION OF MAY 4, 1950, B-94421, CITED IN YOUR LETTER, CURRENTLY IS IN EFFECT AND ACTION TAKEN IN ACCORDANCE WITH THAT DECISION WILL NOT BE QUESTIONED FURTHER--- IT BEING ASSUMED THAT PAYMENTS AT DOUBLE TIME FOR HOLIDAY SERVICES HAVE BEEN AND ARE BEING MADE IN ACCORDANCE WITH COMMERCIAL PRACTICES. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.