Claim for Night Differential Pay

A decision was requested concerning a claim for additional compensation for night differential pay in connection with certain enforcement monitoring activities an employee performed during periods of temporary duty. During several monitoring trips, the employee worked at night some of the time. But since no records were kept of the actual times worked each day, the hours claimed were approximate. The agency stated that, if direct verification was necessary, the radio logs could be checked. The agency asked if the trips could be considered as night work which occurred at regular intervals since they were tentatively scheduled at the beginning of the year. GAO decisions have held that an employee who habitually and recurrently performs work at night is entitled to night differential. GAO has allowed payment of night differential in the absence of an established tour of duty or shift where the work to be performed is considered to be regularly scheduled work. Regularly scheduled means duly authorized in advanced and scheduled to recur after specific intervals so as to fall into a predictable and discernible pattern. Although the intervals between assignments may have varied in this case, the performance of nightwork fell into a predictable and discernable pattern. An employee otherwise entitled to night pay differential retains that entitlement for night hours of duty while he is in official travel status and when he is assigned temporarily to a tour of duty other than his own. The work was regularly scheduled in advance and scheduled to recur on successive days or after specific intervals; thus, the nightwork could be considered regularly scheduled for the purposes of paying night differential. Overtime performed by the employee could result in the payment of night differential. GAO did not find that the claimant satisfactorily met his burden for establishing the liability of the United States or his right to a specific money claim. Only those hours of nightwork and overtime work which were actually performed, subject to official verification, could be considered in computing the claimant's night pay differential and overtime pay entitlements.