[Response to Request for Advance Decision Concerning NRC Employee's Claim for Overtime Pay]

The Nuclear Regulatory Commission (NRC) requested an advance decision regarding an employee's claim for overtime compensation while in a travel status. The employee traveled from his official duty station to observe a scheduled event that extended beyond his regularly scheduled work hours. He was paid overtime compensation for the overtime hours he spent observing the event; however, he claimed additional overtime compensation for the time he spent returning to his duty station. GAO held that: (1) an agency may not compensate employees for time spent on official travel outside their scheduled work hours when they do not perform work during the travel period; and (2) employees are entitled to overtime compensation for travel to an event over which an agency has no administrative control. GAO found that, since an NRC licensee scheduled and conducted the event for NRC and provided advance notice, the travel was not in connection with an event over which NRC lacked control. Accordingly, the claim was denied.