Entitlement to Overtime Pay

B-193352: Mar 27, 1979

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Shirley Jones
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A decision was requested concerning backpay claims for overtime submitted by employees and former employees of the Food Service Division, Womack Army Hospital, Fort Bragg. Over a period of several years, the Food Service Division has scheduled its employees to an "early/late" tour of duty involving two overlapping work shifts, 0500 to 1330 and 1100 to 1930 daily. The record indicates that approximately four times per pay period, employees who worked the 1100 to 1930 shift one day would work the 0500 to 1330 shift the following day. The employees claimed overtime compensation for work in excess of 8 hours within one 24-hour period. The definition of a "day" for purposes of overtime compensation is not limited to the calendar day, but may be any 24-hour period. Therefore, since the Army agreed through a negotiated agreement to treat the workday as a 24-hour period from the start of the shift, any employees who work more than 8 hours during one 24-hour period but not on the same calendar day are entitled to overtime compensation.