Sunday Premium Pay

An appeal was made of a disallowance for the claim of an employee for Sunday premium pay incident to his employment at the Puget Sound Naval Shipyard. The protester contended that because he is covered by the Fair Labor Standards Act (FLSA), his overtime hours must be the last hours of his workweek. He believed that the first part of the workday and the workweek which falls on a Sunday may not be designated as overtime so as to preclude entitlement to Sunday premium pay. However, an agency may designate hours of work other than the last hours of the workweek or workday as overtime for the computation of pay entitlement. The FLSA merely provides that overtime will be paid following the completion of 40 hours of work in a week. No merit was found to the view that the FLSA operates to change the regularly scheduled administrative workweek and the 40-hour basic workweek. The prior decision disallowing the employee's claim was sustained.