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Request for Overtime Compensation

B-198387 Jun 10, 1980
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Highlights

A union appealed the disallowance of an Army civilian guard's claim for overtime compensation. The normal 8-hour shift at the base included a paid 30 minute lunch break. The employee claimed 40 minutes overtime per day for changing into and out of uniform and for drawing and returning weapons, ID cards and reports, and waiting to be relieved from outlying posts. The claim, covering a period of 10.5 years, was originally denied on the basis that (1) the employee received a 30-minute duty-free lunch break which offset the 20 minutes required for drawing weapons, etc., and (2) he was not required to wear his uniform to and from work. A portion of the claim was held to be barred by the 6-year claims limitation statute. On appeal, it was argued that the denial was based on the erroneous belief that the claimant received a 30-minute duty-free lunch period and that he was free to wear his uniform to and from work. The claimant contended that his lunch period was for 20 minutes and that he was on standby duty for the entire lunch period. According to the Army, the guards were usually allowed fixed 30-minute lunch periods; if a guard's lunch period was interrupted by required work, he was compensated for that time; the guards were not required to change into and out of their uniforms at work; and the claimant was exempt from the overtime compensation provisions of the Fair Labor Standards Amendments of 1977. The claimant did not demonstrate that his lunch periods were substantially reduced by responding to calls. It was held that the claimant was not entitled to overtime compensation for uniform changing time and that, since he was relieved from his post for lunch and was free to eat elsewhere, his lunch period must be considered as an offset against the 20 minutes for drawing weapons. The disallowance of the claim was sustained.

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