B-165110, JAN 20, 1972
Highlights
SINCE THE FLIGHT WAS OFFICIALLY ORDERED AND THE HOURS WERE NOT PART OF THE SCHEDULED 40-HOUR WORKWEEK. THE THREE EMPLOYEES' OFFICIAL DUTY HOURS ARE 0830 TO 1700. IF THE ANSWER TO QUESTION 1 IS NEGATIVE. *** PERFORMED BY AN EMPLOYEE ARE OVERTIME WORK AND SHALL BE PAID FOR. WHICH IS NOT PART OF THE EMPLOYEES SCHEDULED 40-HOUR WORKWEEK. ARE TO BE CONSIDERED AS OVERTIME HOURS. THE EMPLOYEES WERE REQUIRED TO WORK ON DAYS OUTSIDE THEIR REGULAR WORKWEEK. IT IS CLEAR THAT THEY WOULD HAVE BEEN ENTITLED TO OVERTIME PAY FOR ALL HOURS WORKED OUTSIDE THEIR REGULAR WORKWEEK. THE EMPLOYEES MAY BE COMPENSATED FOR 22 1/2 HOURS OVERTIME EACH IF SUCH PAYMENT IS OTHERWISE PROPER.
B-165110, JAN 20, 1972
CIVILIAN EMPLOYEES - OVERTIME COMPENSATION - CROSSING OF INTERNATIONAL DATELINE DECISION ALLOWING PAYMENT FOR OVERTIME COMPENSATION TO THREE EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION, INCIDENT TO THEIR CROSSING OF THE INTERNATIONAL DATELINE ON AN OFFICIAL DUTY FLIGHT. SINCE THE FLIGHT WAS OFFICIALLY ORDERED AND THE HOURS WERE NOT PART OF THE SCHEDULED 40-HOUR WORKWEEK, THE EMPLOYEES MAY BE COMPENSATED AS PROVIDED BY 5 U.S.C. 5542(A).
TO MR. R. J. SCHULLERY:
WE REFER TO YOUR LETTER OF DECEMBER 9, 1971, REQUESTING A DECISION AS TO THE OVERTIME COMPENSATION DUE THREE EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION INCIDENT TO THEIR CROSSING THE INTERNATIONAL DATELINE IN AN EASTWARD DIRECTION ON AN OFFICIAL DUTY FLIGHT AROUND THE WORLD.
THE SUBJECT CASE INVOLVES THE FLIGHT CREW ASSIGNED TO FLY MR. JOHN H. SHAFFER, ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION, AROUND THE WORLD. THE FLIGHT DEPARTED WASHINGTON, D.C., ON WEDNESDAY, OCTOBER 20, 1971, IN AN EASTWARD DIRECTION STOPPING IN EUROPE, INDIA, THAILAND, VIETNAM, HONG KONG, JAPAN, ALASKA, AND RETURNED TO WASHINGTON, D.C., ON NOVEMBER 21, 1971. THE THREE EMPLOYEES' OFFICIAL DUTY HOURS ARE 0830 TO 1700, MONDAY THROUGH FRIDAY, BUT THEIR POSITIONS REQUIRE THEM TO MAKE FLIGHTS ON ANY DAY OR AT ANY HOUR THROUGHOUT THE YEAR.
YOU STATE THAT AS A RESULT OF THE EASTWARD FLIGHT, THE EMPLOYEES DEPARTED TOKYO ON SATURDAY, NOVEMBER 20, 1971, FOR ANCHORAGE, ALASKA, VIA CHITOSE, JAPAN, AND SHEMYA, ALEUTIAN ISLANDS. THEY WORKED A PERIOD OF 13 1/2 HOURS, LOCAL TIME (0730 - 2100), AND THEN CROSSED THE INTERNATIONAL DATELINE, WORKING ANOTHER 9 HOURS, LOCAL TIME (1500 - 2400), ON NOVEMBER 20, 1971. THE DEPARTMENT OF TRANSPORTATION, IN VIEW OF THE SPECIAL SITUATION, RECORDED THE TIME WORKED AS 22 1/2 HOURS FOR NOVEMBER 20, 1971.
REGARDING THE TREATMENT OF THESE EMPLOYEES WHO CROSSED THE INTERNATIONAL DATELINE IN AN EASTWARD DIRECTION, YOU ASK:
"1. MAY THE EMPLOYEES BE COMPENSATED FOR 22 1/2 HOURS OVERTIME ON SATURDAY, 20 NOVEMBER?
"2. IF THE ANSWER TO QUESTION 1 IS NEGATIVE, IN WHAT MANNER, IF ANY, SHOULD THE EMPLOYEES BE COMPENSATED AND HOW SHOULD THE TIME WORKED BE RECORDED?"
5 U.S.C. 5542(A) PROVIDES THAT:
"HOURS OF WORK OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 40 HOURS IN AN ADMINISTRATIVE WORKWEEK, *** PERFORMED BY AN EMPLOYEE ARE OVERTIME WORK AND SHALL BE PAID FOR, *** ."
THE SUBJECT CASE CONCERNS OFFICIALLY ORDERED DUTY ON A SATURDAY, WHICH IS NOT PART OF THE EMPLOYEES SCHEDULED 40-HOUR WORKWEEK. ACCORDINGLY, ALL HOURS WORKED ON SATURDAY, NOVEMBER 20, 1971, ARE TO BE CONSIDERED AS OVERTIME HOURS.
IN 48 COMP. GEN. 233 (1968) AND 49 COMP. GEN. 329 (1969), WE HELD THAT AN EMPLOYEE'S PAY MAY NOT BE INCREASED OR DECREASED MERELY BECAUSE OF THE CROSSING OF THE INTERNATIONAL DATELINE BUT RECOGNIZED THERE MIGHT BE SPECIAL SITUATIONS TO WHICH THAT RULE MIGHT NOT BE APPLICABLE. IN THE SUBJECT CASE, THE EMPLOYEES WERE REQUIRED TO WORK ON DAYS OUTSIDE THEIR REGULAR WORKWEEK. IF THEY HAD NOT CROSSED THE INTERNATIONAL DATELINE, IT IS CLEAR THAT THEY WOULD HAVE BEEN ENTITLED TO OVERTIME PAY FOR ALL HOURS WORKED OUTSIDE THEIR REGULAR WORKWEEK.
IN VIEW OF THE ABOVE, THE EMPLOYEES MAY BE COMPENSATED FOR 22 1/2 HOURS OVERTIME EACH IF SUCH PAYMENT IS OTHERWISE PROPER.