A-54736, JUNE 15, 1934, 13 COMP. GEN. 444
Highlights
FIXING TIME AND ONE-HALF AS THE RATE OF COMPENSATION FOR WORK ON LEGAL HOLIDAYS WAS RENDERED INOPERATIVE BY SECTION 23 OF THE ACT OF MARCH 28. IT IS ONLY BY REASON OF ANOTHER STATUTE THAT PER DIEM EMPLOYEES AFFECTED BY SAID SECTION 23 RECEIVE DOUBLE COMPENSATION FOR WORK ON LEGAL HOLIDAYS DURING THE REGULAR TOUR OF DUTY OF 40 HOURS. THAT IS. WAS AS FOLLOWS: "HOLIDAY RATE "EMPLOYEES REQUIRED TO WORK ON A LEGAL HOLIDAY OR A SPECIAL HOLIDAY DECLARED BY EXECUTIVE ORDER SHALL BE PAID AT THE DAY RATE PLUS 50 PERCENT FOR ALL THE TIME ACTUALLY EMPLOYED IN ADDITION TO THEIR GRATUITY PAY FOR THE HOLIDAY AS PROVIDED BY LAW * * *" IN YOUR DECISION OF APRIL 23. EMPLOYEES WHO ARE NOT REQUIRED TO WORK ON SAID HOLIDAYS ARE NEVERTHELESS ENTITLED TO THEIR REGULAR COMPENSATION FOR THE DAY.
A-54736, JUNE 15, 1934, 13 COMP. GEN. 444
COMPENSATION - FORTY-HOUR WEEK - GOVERNMENT PRINTING OFFICE THE ADMINISTRATIVE REGULATION OF THE GOVERNMENT PRINTING OFFICE IN FORCE PRIOR TO MARCH 28, 1924, FIXING TIME AND ONE-HALF AS THE RATE OF COMPENSATION FOR WORK ON LEGAL HOLIDAYS WAS RENDERED INOPERATIVE BY SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING A 40- HOUR WEEK AND PROVIDING FOR OVERTIME COMPENSATION ON A WEEKLY BASIS ONLY, AS TO WORK ON HOLIDAYS FALLING WITHIN AN EMPLOYEE'S REGULAR TOUR OF DUTY OF 40 HOURS. IT IS ONLY BY REASON OF ANOTHER STATUTE THAT PER DIEM EMPLOYEES AFFECTED BY SAID SECTION 23 RECEIVE DOUBLE COMPENSATION FOR WORK ON LEGAL HOLIDAYS DURING THE REGULAR TOUR OF DUTY OF 40 HOURS, THAT IS, THEIR REGULAR RATE OF COMPENSATION AND GRATUITY PAY.
COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JUNE 15, 1934:
THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 8, 1934, AS FOLLOWS:
SECTION 23, PUBLIC ACT 141, 73D CONGRESS, AS APPLIED TO THE UNITED STATES GOVERNMENT PRINTING OFFICE, REQUIRES THAT EMPLOYEE'S WEEKLY COMPENSATION, MINUS ANY GENERAL PERCENTAGE REDUCTION, SHALL BE REESTABLISHED AND MAINTAINED AT RATES NOT LOWER THAN NECESSARY TO RESTORE THE FULL WEEKLY EARNINGS UNDER WAGE SCHEDULES IN EFFECT JUNE 1, 1932.
ON JUNE 1, 1932, THE WAGE SCHEDULE, ESTABLISHED BY AUTHORITY OF THE ACT OF JUNE 7, 1924, (U.S.C. TITLE 44, SECTION 40), FOR ACTUAL WORK ON A HOLIDAY BY HOURLY EMPLOYEES, WAS AS FOLLOWS:
"HOLIDAY RATE
"EMPLOYEES REQUIRED TO WORK ON A LEGAL HOLIDAY OR A SPECIAL HOLIDAY DECLARED BY EXECUTIVE ORDER SHALL BE PAID AT THE DAY RATE PLUS 50 PERCENT FOR ALL THE TIME ACTUALLY EMPLOYED IN ADDITION TO THEIR GRATUITY PAY FOR THE HOLIDAY AS PROVIDED BY LAW * * *"
IN YOUR DECISION OF APRIL 23, 1934 (A-54736), IN REPLY TO MY LETTER OF APRIL 9, YOU STATED:
"* * * THE LEGAL HOLIDAYS MENTIONED IN THE ACT OF JANUARY 12, 1895, 28 STAT. 607, SHOULD BE INCLUDED AS A PART OF THE 40-HOUR WEEK FOR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE. 12 COMP. GEN. 21; DECISION OF JANUARY 25, 1934, A-53169. EMPLOYEES WHO ARE NOT REQUIRED TO WORK ON SAID HOLIDAYS ARE NEVERTHELESS ENTITLED TO THEIR REGULAR COMPENSATION FOR THE DAY, AND EMPLOYEES NOT PAID ON AN ANNUAL BASIS, WHO ARE REQUIRED TO WORK ON SAID HOLIDAYS ARE ENTITLED, FOR THE TIME WORKED ON SUCH DAYS, AT THE REGULAR RATE OF COMPENSATION (NOT "TIME AND ONE-HALF") IN ADDITION TO THE REGULAR PAY FOR THE HOLIDAYS. * * *"
IN MY OPINION, THE COMPENSATION FOR ACTUAL WORK BY HOURLY EMPLOYEES ON A HOLIDAY PROPERLY SHOULD BE AT THE RATE IN EFFECT JUNE 1, 1932, AS ABOVE STATED.
IN VIEW OF THESE FACTS, I HEREBY REQUEST RECONSIDERATION OF YOUR DECISION OF APRIL 23 INSOFAR AS IT AFFECTS PAY FOR WORK ON A HOLIDAY BY HOURLY EMPLOYEES.
I WOULD APPRECIATE AN EARLY REPLY.
A SIMILAR QUESTION WAS CONSIDERED AND ANSWERED IN DECISION OF MAY 19, 1934, A-54807, 13 COMP. GEN. 370, TO THE SECRETARY OF THE NAVY, WHEREIN IT WAS STATED--- AFTER QUOTING THE DECISION OF APRIL 23, 1934, TO YOU, AND CITING DECISION OF MAY 1, 1934, TO THE SECRETARY OF THE TREASURY, A-55192, 13 COMP. GEN. 307--- AS FOLLOWS:
* * * UNLESS AND UNTIL MODIFIED IN THE MANNER PROVIDED BY LAW, ALL SCHEDULES, REGULATIONS AND PRACTICES IN EFFECT PRIOR TO MARCH 28, 1934, RELATIVE TO COMPENSATION FOR OVERTIME, SUNDAY, AND HOLIDAY WORK ARE RENDERED INOPERATIVE INSOFAR AS THEY MAY BE IN CONFLICT WITH THE TERMS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, PUBLIC NO. 141, ESTABLISHING THE 40-HOUR WEEK, BUT OTHERWISE ARE TO REMAIN IN FULL FORCE AND EFFECT. THEREFORE, THE NAVY DEPARTMENT MAY CONTINUE TO PAY THE ADDITIONAL COMPENSATION RATES PROVIDED IN THE QUOTED PARAGRAPH 2 OF THE "INSTRUCTIONS" IN THE SCHEDULE OF WAGES WHICH ARE NOT LESS THAN THE MINIMUM OVERTIME RATE REQUIRED TO BE PAID BY THE PROVISO TO SECTION 23 OF THE ACT OF MARCH 28, 1934, FOR WORK ON SUNDAYS AND HOLIDAYS WHEN NOT WITHIN THE REGULAR TOUR OF DUTY OF THE EMPLOYEES. BUT FOR WORK ON SUNDAYS WITHIN THE REGULAR TOUR OF DUTY OF THE EMPLOYEES, ONLY THE REGULAR RATE OF COMPENSATION ON THE BASIS OF THE 40-HOUR WEEK SHOULD BE PAID, THAT IS TO SAY, THE COMPENSATION FOR WORK ON A SUNDAY UNDER SUCH CIRCUMSTANCES IS TO BE THE SAME AS FOR WORK ON THE OTHER DAYS OF THE WEEK. FOR WORK ON THE LEGAL HOLIDAYS MENTIONED IN THE ACTS OF JANUARY 6, 1885, 23 STAT. 516, FEBRUARY 23, 1887, 24 STAT. 644 AND JUNE 28, 1894, 28 STAT. 96, WITHIN THE REGULAR TOUR OF DUTY OF THE EMPLOYEES, ONLY TWICE THE REGULAR RATE OF COMPENSATION ON A 40-HOUR-WEEK BASIS SHOULD BE PAID.
IN OTHER WORDS, SECTION 23 OF THE ACT OF MARCH 28, 1934, CHANGES THE HOURS OF REGULAR WORK OF EMPLOYEES AFFECTED THEREBY FROM A DAILTY TO A WEEKLY BASIS, EVERY DAY OF THE WEEK, INCLUDING SUNDAYS AND HOLIDAYS, BEING REGARDED THE SAME WHEN WITHIN THE REGULAR TOUR OF DUTY OF 40 HOURS. THUS, THE ADMINISTRATIVE REGULATION YOU QUOTE, IN FORCE PRIOR TO MARCH 28, 1934, FIXING TIME AND ONE-HALF AS THE RATE OF COMPENSATION FOR WORK ON LEGAL HOLIDAYS, RENDERED INOPERATIVE BY SAID SECTION 23 AS TO HOLIDAYS FALLING WITHIN AN EMPLOYEE'S REGULAR TOUR OF DUTY OF 40 HOURS. IT IS ONLY BY REASON OF ANOTHER STATUTE THAT PER DIEM EMPLOYEES AFFECTED BY SAID SECTION 23 RECEIVE DOUBLE COMPENSATION FOR WORK ON LEGAL HOLIDAYS DURING THE REGULAR TOUR OF DUTY OF 40 HOURS, THAT IS, THEIR REGULAR RATE OF COMPENSATION AND GRATUITY PAY.
ACCORDINGLY, THE DECISION OF APRIL 23, 1934, 13 COMP. GEN. 295, MUST BE AND IS AFFIRMED.