Claim for Overtime and Penalty Pay

Two agencies and a labor union jointly submitted a matter to GAO concerning the overtime compensation claim of three employees who were delayed overnight in their work vehicles on their way to a duty assignment because of a snow storm. The employee's normal workday was 7:30 a.m. to 4:15 p.m. with a 45-minute lunch period. The overtime request was for the normal work day on February 6, 1979, from 7:30 a.m. to 2:00 p.m. when their supervisor released them from work by telephone. The claim was based on their labor agreement. The men claimed overtime during the night of February 5 for staying in their trucks, and during the day of February 6 until contact was made with their supervisor at 2:00 p.m. The primary issue was whether overtime compensation was precluded by prior GAO decisions. GAO found that its decisions had no relevance per se to the issue in this case and that the provisions of the agreement between the labor union and the employing agency governed. The issues then became (1) whether the hours after the employees' duty shift on February 5, and prior to the employees' duty hours on February 6, could be found to be compensable at overtime hours of work, and (2) whether they could be compensated at overtime rates for their regular duty hours on February 6 when they were released from work. The men had to spend the night in the trucks with the engines continuously running to stay warm; there was little opportunity to sleep. They were also required to check periodically to see if the road was clear and that the engines had fuel for their constant operation. GAO believed the men were engaged in compensable work while in a travel status for the whole night. Therefore, the time was compensable at overtime rates under their agreement which required the payment of overtime as a form of penalty payment for keeping the employees on duty for excessive lengths of time. They remained in a duty status until relieved by proper authority. Accordingly, the employees could receive overtime compensation for the period from 7:30 a.m. through 2:00 p.m.