B-164689, AUG. 18, 1969

B-164689: Aug 18, 1969

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WHICH WAS ADDRESSED TO YOU. TO MEAN OVERTIME WORK WHICH IS DULY AUTHORIZED IN ADVANCE AND SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS. WERE ENTITLED TO BE PAID OVERTIME COMPENSATION FOR ALL HOURS OF WORK IN EXCESS OF 40 HOURS PER WEEK OR 8 HOURS PER DAY IN ADDITION TO THE 15 PERCENT PREMIUM PAY WHICH THEY RECEIVED FOR IRREGULAR OVERTIME UNDER 5 U.S.C. 5545 (C) (2). IS APPLICABLE TO CLAIMS FOR PAYMENT OF OVERTIME COMPENSATION FOR REGULARLY SCHEDULED OVERTIME WORK PERFORMED PRIOR TO THE DATE OF THAT DECISION. HE SAYS CLAIMS ARE BEING RECEIVED THAT ARE RETROACTIVE TO 1964 AND 1965. IF THERE IS ANY DOUBT ABOUT THE ALLOWANCE OF ANY PARTICULAR CLAIM WE SUGGEST IT BE SUBMITTED HERE FOR DIRECT SETTLEMENT OR ADVANCE DECISION.

B-164689, AUG. 18, 1969

CIVIL PAY - OVERTIME COMPENSATION - RETROACTIVE CLAIMS DECISION TO ATTORNEY GENERAL CONCERNING EFFECTIVE DATE OF DECISION OF NOVEMBER 20, 1968, ALLOWING CLAIMS FOR OVERTIME COMPENSATION TO EMPLOYEES OF IMMIGRATION AND NATURALIZATION SERVICE. SINCE CONSTRUCTION OF TERM "REGULARLY SCHEDULED OVERTIME" ADOPTED SIMILAR DEFINITION OF ,REGULARLY SCHEDULED WORK" APPEARING IN SAME STATUTE (SEPT. 1, 1954) CLAIMS FOR OVERTIME FOR WORK IN EXCESS OF 40 HOURS PER WEEK OR 8 HOURS PER DAY IN ADDITION TO 15 PERCENT PREMIUM PAY FOR IRREGULAR OVERTIME PAY MAY BE PAID FOR AND REGULARLY SCHEDULED OVERTIME PRIOR TO DECISION OF NOVEMBER 20, 1968.

TO MR. ATTORNEY GENERAL:

THIS REFERS TO LETTER OF JULY 25, 1969, FROM MR. JOHN J. KAMINSKI, DIRECTOR, OFFICE OF BUDGET AND ACCOUNTS, DEPARTMENT OF JUSTICE, REQUESTING ADVICE AS TO THE EFFECTIVE DATE OF OUR DECISION DATED NOVEMBER 20, 1968, B -164689, WHICH WAS ADDRESSED TO YOU.

IN THE CITED DECISION WE CONSTRUED THE TERM "REGULARLY SCHEDULED OVERTIME" , AS USED IN 5 U.S.C. 5545 (C) (2), TO MEAN OVERTIME WORK WHICH IS DULY AUTHORIZED IN ADVANCE AND SCHEDULED TO RECUR ON SUCCESSIVE DAYS OR AFTER SPECIFIED INTERVALS. ACCORDINGLY, WE HELD THEREIN THAT CERTAIN EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE WHO HAD BEEN ORDERED BY THE U.S. DEPUTY MARSHAL TO WORK 12-HOUR SHIFTS ON SUCCESSIVE DAYS WHILE DETAILED TO MERIDIAN, MISSISSIPPI, WERE ENTITLED TO BE PAID OVERTIME COMPENSATION FOR ALL HOURS OF WORK IN EXCESS OF 40 HOURS PER WEEK OR 8 HOURS PER DAY IN ADDITION TO THE 15 PERCENT PREMIUM PAY WHICH THEY RECEIVED FOR IRREGULAR OVERTIME UNDER 5 U.S.C. 5545 (C) (2).

IN HIS LETTER OF JULY 25, 1969, MR. KAMINSKI ASKS WHETHER OUR DECISION OF NOVEMBER 20, 1968, IS APPLICABLE TO CLAIMS FOR PAYMENT OF OVERTIME COMPENSATION FOR REGULARLY SCHEDULED OVERTIME WORK PERFORMED PRIOR TO THE DATE OF THAT DECISION. HE SAYS CLAIMS ARE BEING RECEIVED THAT ARE RETROACTIVE TO 1964 AND 1965.

IN CONSTRUING THE TERM "REGULARLY SCHEDULED OVERTIME" WE ADOPTED A SIMILAR DEFINITION OF ,REGULARLY SCHEDULED WORK" APPEARING IN THE SAME STATUTE IN CONNECTION WITH NIGHT DIFFERENTIAL PAY. WE SEE NO REASON WHY SUCH DECISION SHOULD NOT BE APPLICABLE TO OTHER OVERTIME CLAIMS. WE POINT OUT THAT DEFINITIONS OF "REGULARLY SCHEDULED WORK" FOR NIGHT DIFFERENTIAL PURPOSES EXISTED AS FAR BACK AS MARCH 19, 1957, THE DATE OF OUR DECISION APPEARING IN 36 COMP. GEN. 657; ALSO SEE 39 COMP. GEN. 73.

IF THERE IS ANY DOUBT ABOUT THE ALLOWANCE OF ANY PARTICULAR CLAIM WE SUGGEST IT BE SUBMITTED HERE FOR DIRECT SETTLEMENT OR ADVANCE DECISION.

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