[Claim for Night Differential Pay]

A U.S. Customs Service director requested an advance decision as to whether a former employee was entitled to night differential backpay for overtime work. The employee was assigned the work during a 3-year period to implement and operate a new payroll system. Although his supervisor was aware of the overtime work and approved it for payment, he did not specifically schedule each day's overtime in advance. In consideration of the regularity of the night work, the long duration of its performance, and the knowledge of the Customs Service that it would be required, GAO found that the work was regularly scheduled and therefore compensable at night pay rates according to statutory law. GAO held that the failure of the former employee's supervisor to specifically approve the schedules in advance was no bar to his recovery of night differential pay. Accordingly, the voucher if otherwise correct may be submitted for payment.