B-130090, JAN. 2, 1957

B-130090: Jan 2, 1957

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IN THAT DECISION THERE WAS NO OCCASION TO CONSIDER ANY SPECIAL EXEMPTING PROVISIONS APPEARING IN CERTAIN STATUTES. THE ADMINISTRATOR SHALL GIVE DUE REGARD TO THE GEOGRAPHICAL REGIONS IN WHICH IN THE INDUSTRY IS CARRIED ON.'.

B-130090, JAN. 2, 1957

TO THE SECRETARY OF LABOR:

ON DECEMBER 13, 1956, THE SOLICITOR OF YOUR DEPARTMENT REQUESTED OUR DECISION WHETHER JUDGE NATHAN CAYTON, RETIRED FORMER CHIEF JUDGE OF THE MUNICIPAL COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA, MAY RETAIN THE COMPENSATION PAID TO HIM AS A MEMBER OF A COMMITTEE APPOINTED BY THE SECRETARY OF LABOR UNDER SECTION 5 OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. 205.

IN OUR DECISION OF APRIL 10, 1952, 31 COMP. GEN. 505, WE HELD THAT RETIRED JUDGES OF THE MUNICIPAL COURT OF APPEALS REMAIN SUBJECT TO THE GENERAL STATUTORY RESTRICTIONS UPON THE RECEIPT OF DUAL COMPENSATION AND THE HOLDING OF DUAL OFFICES. OF COURSE, IN THAT DECISION THERE WAS NO OCCASION TO CONSIDER ANY SPECIAL EXEMPTING PROVISIONS APPEARING IN CERTAIN STATUTES. IN THAT CONNECTION, REGARDING THE QUESTION NOW PRESENTED, OUR ATTENTION HAS BEEN DIRECTED TO SECTION 5 (B) OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. 205 (B), READING AS FOLLOWS:

"/B) AN INDUSTRY COMMITTEE SHALL BE APPOINTED BY THE ADMINISTRATOR WITHOUT REGARD TO ANY OTHER PROVISIONS OF LAW REGARDING THE APPOINTMENT AND COMPENSATION OF EMPLOYEES OF THE UNITED STATES. IT SHALL INCLUDE A NUMBER OF DISINTERESTED PERSONS REPRESENTING THE PUBLIC, ONE OF WHOM THE ADMINISTRATOR SHALL DESIGNATE AS CHAIRMAN, A LIKE NUMBER OF PERSONS REPRESENTING EMPLOYEES IN THE INDUSTRY, AND A LIKE NUMBER REPRESENTING EMPLOYERS IN THE INDUSTRY. IN THE APPOINTMENT OF THE PERSONS REPRESENTING EACH GROUP, THE ADMINISTRATOR SHALL GIVE DUE REGARD TO THE GEOGRAPHICAL REGIONS IN WHICH IN THE INDUSTRY IS CARRIED ON.'

IN VIEW OF THE FIRST SENTENCE OF THE SECTION OF THE STATUTE JUST QUOTED WE SEE NO REASON WHY JUDGE CAYTON MAY NOT LAWFULLY RETAIN THE COMPENSATION PAID TO HIM AS A MEMBER OF THE COMMITTEE. SEE 19 COMP. GEN. 926; AND B- 9113, APRIL 30, 1940.

Jul 9, 2020

Jul 8, 2020

Jul 7, 2020

Jul 6, 2020

Jul 1, 2020

Looking for more? Browse all our products here