Request for Overtime Compensation for Preshift and Postshift Duties

B-192831: Apr 17, 1979

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Julie Matta
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A widow requested reconsideration of a settlement disallowing retroactive overtime compensation to her late husband incident to his employment as a security guard with the Department of the Navy. The Navy denied compensation for time spent changing into and out of uniform if the change was not required to be made at work. GAO upheld this position. Overtime compensation was also claimed for the time spent in checking out a weapon and reporting to the roll call assembly area; the widow estimated this time at 30 minutes, and the Navy maintained such activities required no more than 3 minutes of time. GAO also sustained the position of the Navy on this issue. Under the "de minimus" rule, no payment may ensue for the few minutes involved in obtaining a weapon and reporting for roll call. Although the Navy and the claimant disputed the time needed to report for roll call, GAO was bound to accept the agency's written statement of the facts. Accordingly, the claims settlement was sustained.

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