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Claim for Overtime Compensation

B-199783 Mar 09, 1981
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Highlights

An advance decision was requested concerning a claim of an employee with the Defense Logistics Agency (DLA) for reimbursement of overtime. The employee, who was nonexempt from the Fair Labor Standards Act (FLSA), filed a claim with DLA for overtime compensation for hours which were not recorded on the official Time and Attendance Report. The employee's supervisor observed her working hours in excess of her normal tour of duty. Although he could not certify the exact number of hours worked, he did state that he had no reason to doubt her veracity and recommended that her claim be paid. In support of her claim, the employee submitted a list which she transcribed from her personal calendar of the dates, times, and amounts of overtime hours. In view of the authority of the Office of Personnel Management (OPM) to administer FLSA with respect to federal employees, GAO requested and received the OPM view on the claim. OPM determined that, barring additional evidence by DLA to refute the employee's contentions, DLA should pay the claim. FLSA provides that a nonexempt employee shall not be employed for a work week in excess of 40 hours unless the employee receives compensation for the excess hours at a rate not less than 1.5 times the regular rate. The employee's supervisor was aware that she was working after her normal tour of duty and made no effort to terminate the activity. Therefore, the hours worked were compensable overtime under FLSA. FLSA requires employees to make, keep, and preserve all records of the wages, hours, and other conditions and practices of employment. Under current DLA procedures, only that overtime which is officially requested or approved in advance can be reflected in the official Time and Attendance Report. There is no procedure by which an employee can officially record in the report or any other government document unrequested or unapproved overtime which is performed. DLA failed to discharge its statutory duty to keep complete and accurate records of all hours worked. Therefore, GAO concurred with the OPM determination. In addition, DLA should alter its recordation procedures to comply with the requirements of FLSA and the recently promulgated OPM regulations. Accordingly, the employee was entitled to reimbursement of overtime.

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