Entitlement To Receive Both Premium Pay for Regularly Scheduled Overtime and Administratively Uncontrollable Overtime

GAO was asked whether an employee could receive both premium pay for regularly scheduled overtime and for administrative uncontrolled overtime. The employee concerned is in charge of the investigation of an oil and gas leasing program. The number of leases subject to review is not controllable, but the time for making the reviews is controllable. The lease review will have to be conducted outside of normal duty hours and some of the work will have to be performed on weekends. The employee is also currently authorized payment of premium pay on an annual basis for administratively uncontrollable overtime. Regularly scheduled overtime is compensable at one and one-half times the hourly rate. Regular scheduled overtime refers to work which is duly authorized in advance and scheduled to recur on successive days or after specific intervals. This is distinguished from work which is scheduled on a day-to-day basis where the amount of overtime varies with no discernible pattern. The lack of management control and the employee's discretion to work overtime are requirements for administratively uncontrollable overtime. The two types of overtime compensation are mutually exclusive and an employee may not select which form of compensation he wishes to receive for the same type of work nor receive both forms of compensation for the same work. An employee may receive both forms of compensation provided that the criteria governing both forms have been separately met. In the described circumstances, it appears appropriate for the agency to authorize the employee annual premium pay for administratively uncontrollable overtime and overtime compensation for regularly scheduled overtime.