[Query Concerning Interpretation of Customs Service Regulations Governing Overtime Entitlement]

GAO was requested to consider issues raised by the claim of a U.S. Customs Service inspector for overtime compensation. The inspector worked from noon to 8 p.m. and from 9:30 p.m. to 10:30 p.m. on a Sunday, and then from 12:45 a.m. to 1:45 a.m. on Monday. At issue was whether the hour's work performed on Monday should have been considered as a continuation of the work performed on Sunday, which would entitle the inspector to one-half of a day's pay, or as a separate claim for overtime work at night, which would entitle him to one and one-half day's pay. GAO concluded that, under current Customs Service regulations, the Service may not aggregate overtime assignments with interruptions of less than 2 hours; however, GAO found no prohibition to amending the regulations so that such assignments may be aggregated. GAO stated that the breaks in assignments should be determined on the basis of the time for which the inspector is paid and must be available for duty. Accordingly, the inspector in this case was entitled to one and one half-day's pay for the Monday overtime assignment.