Overtime Compensation

I. R. Ludacer, Assistant General Counsel for Enforcement, Agency for International Development, requested guidance with respect to two claims for overtime compensation. The employees performed "voluntary overtime" work in accordance with duty rosters issued by an official with competent authority to order or approve overtime, and were responsible for obtaining replacements if unable to work as scheduled. Since the overtime was required by the very nature and volume of the work assigned and since nonperformance of the work could affect their performance ratings, the overtime was, in effect, ordered and the employees were entitled to overtime pay.