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Request for Overtime Pay

B-201250,B-201252,B-203524,B-204298 Sep 22, 1981
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Highlights

GAO was asked whether evidence submitted by Army employees was sufficient to support their claims for overtime compensation for the years prior to 1975. The claims arose out of a GAO decision that these employees, who frequently worked two 8-hour shifts within a 24-hour period but not within the same calendar day, were entitled to overtime compensation for work in excess of 8 hours during the day as defined in the collective-bargaining agreement. GAO held that, in establishing these work schedules, the Army had also authorized overtime work where the employee worked more than 8 hours during a 24-hour period. On the basis of that decision, the Army made retroactive overtime payments for the years 1975 and 1976 based on existing official time and attendance reports. No payments for years prior to 1975 have been made since the supporting time and attendance reports for those years have been destroyed. Any claim not received by GAO within 6 years prior to the employee's filing date is barred by a statute of limitations. Thus, claims for overtime for periods prior to 1975 were barred. Other claims were denied because the official records substantiating the employees' claims had been destroyed. However, the employees were notified that their claims would be given further consideration if they submitted more documentation. The employees submitted additional evidence to support their claims, including personnel records and an affidavit of the retired employee who prepared the work schedules. From the schedule he described, the assigned work schedule of each employee can be reconstructed. GAO has held that an estimated work schedule based on all available records may be a basis for payment of claims. Under the circumstances, GAO believed that the work schedule submitted and projections based upon it may be used to pay the employees' claims. Payment should be made for that part of the claim which is substantiated by the reconstructed estimates. The claims must be decided on an individual basis after consideration of all available data and may be paid in accordance with these guidelines.

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