B-51115, JULY 30, 1945, 25 COMP. GEN. 142

B-51115, JULY 30, 1945, 25 COMP. GEN. 142

FEDERAL EMPLOYEES PAY ACT OF 1945 - OVERTIME COMPENSATION WHERE, PURSUANT TO SECTION 604 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AN AGENCY ESTABLISHED A BASIC 40-HOUR WORKWEEK, MONDAY THROUGH FRIDAY, AND AN ADMINISTRATIVE WORKWEEK CONSISTING OF SUCH BASIC WORKWEEK PLUS 4 HOURS' OVERTIME ON SATURDAY, BOTH EFFECTIVE JULY 1, 1945 ( SUNDAY), THE ESTABLISHMENT, FOR PAY ROLL PURPOSES, OF A WORKWEEK RUNNING FROM SATURDAY THROUGH FRIDAY HAS NO EFFECT TO DEFEAT AN EMPLOYEE'S RIGHT UNDER SECTION 201 OF SAID ACT TO OVERTIME COMPENSATION FOR A SATURDAY WHEN HE WAS IN A DUTY STATUS FOR THE ENTIRE ADMINISTRATIVE WORKWEEK, BUT NOT THE PAY ROLL WORKWEEK, IN WHICH THE SATURDAY OCCURRED.

COMPTROLLER GENERAL WARREN TO ARTHUR B. ALLEY, PETROLEUM ADMINISTRATION FOR WAR, JULY 30, 1945:

REFERENCE IS MADE TO YOUR LETTER OF JULY 18, 1945, AS FOLLOWS:

THERE IS SUBMITTED FOR YOUR DECISION THE FOLLOWING CASES THAT HAVE ARISEN UNDER PUBLIC LAW 106.

1. CHAUNCEY W. RILEY, AN EMPLOYEE OF THIS AGENCY, RESIGNED AT THE CLOSE OF BUSINESS JULY 14, 1945 (AN OVERTIME DAY,) AND HAD TO HIS CREDIT 352 HOURS OF ACCRUED ANNUAL LEAVE WHICH WILL BE PAID TO HIM AS TERMINAL LEAVE IN A LUMP SUM UNDER PUBLIC LAW 525.

2. DONA E. NYHOFF, AN EMPLOYEE OF THIS AGENCY, RESIGNED AT THE CLOSE OF BUSINESS JULY 18, 1945, AND HAS TO HER CREDIT 24 HOURS OF ACCRUED ANNUAL LEAVE WHICH WILL BE PAID TO HER AS TERMINAL LEAVE IN A LUMP SUM UNDER PUBLIC LAW 525.

PUBLIC LAW 106, SECTION 604 STATES " IT SHALL BE THE DUTY OF THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH, INCLUDING GOVERNMENT OWNED OR CONTROLLED CORPORATIONS, AND THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, TO ESTABLISH AS OF THE EFFECTIVE DATE OF THIS ACT, FOR ALL FULL TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS, IN THE DEPARTMENTAL AND THE FIELD SERVICES, A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN 6 OF ANY 7 CONSECUTIVE DAYS.'

THE PRESIDENT BY EXECUTIVE ORDER DIRECTED THAT THIS AGENCY SHALL MAINTAIN AN ADMINISTRATIVE WORKWEEK OF 44 HOURS BEGINNING JULY 1, 1945.

UNDER THE TERMS OF THE ACT ABOVE QUOTED AND THE EXECUTIVE ORDER OF THE PRESIDENT, THE DEPUTY PETROLEUM ADMINISTRATOR, BY REGULATIONS EFFECTIVE JULY 1, 1945, ESTABLISHED AN ADMINISTRATIVE WORKWEEK OF 44 HOURS, CONSISTING OF A BASIC WORKWEEK OF 40 HOURS, MONDAY THROUGH FRIDAY, PLUS 4 HOURS ON SATURDAY. HE FURTHER ESTABLISHED, FOR PAYROLL PURPOSES, THE POLICY THAT THE WORKWEEK SHALL RUN FROM SATURDAY THROUGH FRIDAY, THEREBY ESTABLISHING SATURDAY AS THE FIRST DAY OF THE WORKWEEK.

CONSEQUENTLY, AN EMPLOYEE MUST BE IN A PAY STATUS FOR THE FOLLOWING PERIOD OF MONDAY THROUGH FRIDAY IN ORDER TO QUALIFY FOR OVERTIME PAY FOR THE PREVIOUS SATURDAY.

IT IS RESPECTIVELY REQUESTED THAT YOU ADVISE THIS OFFICE IF THE FOLLOWING INTERPRETATION IS CORRECT; THAT NEITHER OF THE ABOVE CITED CASES ARE ENTITLED TO OVERTIME PAY FOR SATURDAY, JULY 14, 1945, INASMUCH AS MR. RILEY WORKED ONLY 4 HOURS OF THE ADMINISTRATIVE WORKWEEK AND MISS NYHOFF WORKED ONLY 28 HOURS OF THE ADMINISTRATIVE WORKWEEK.

WITH RESPECT TO THE PROCEDURE TO BE FOLLOWED BY A CERTIFYING OFFICER IN SUBMITTING QUESTIONS TO THIS OFFICE FOR DECISION YOUR ATTENTION IS INVITED TO DECISION OF JUNE 24, 1942, 21 COMP. GEN. 1128.

IT IS UNDERSTOOD FROM THE FIRST SENTENCE OF THE FOURTH PARAGRAPH OF YOUR LETTER THAT, EFFECTIVE JULY 1, 1945, THE BASIC WORKWEEK OF 40 HOURS WAS FIXED FOR THE TWO EMPLOYEES HERE INVOLVED AS FROM MONDAY THROUGH FRIDAY, 8 HOURS PER DAY, AND THAT THEIR ADMINISTRATIVE WORKWEEK, ALSO EFFECTIVE AS OF JULY 1, 1945 ( SUNDAY THE FIRST DAY OF THE WEEK), WAS ESTABLISHED AS 44 HOURS PER WEEK, CONSISTING OF SUCH BASIC WORKWEEK AND 4 HOURS OF ORDERED OVERTIME SERVICE ON SATURDAY. THAT ADMINISTRATIVE ACTION PROPER UNDER SECTION 604 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 303, SPECIFICALLY REQUIRING SUCH ADMINISTRATIVE ACTION "AS OF THE EFFECTIVE DATE OF THIS T," AND SECTION 610 OF THE STATUTE, 59 STAT. 306, PROVIDES THAT " THIS ACT SHALL TAKE EFFECT ON JULY 1, 1945.' HENCE, SATURDAY, JULY 7 WAS THE LAST DAY OF THE FIRST ADMINISTRATIVE WORKWEEK FOR THE EMPLOYEES UNDER THE NEW PAY LAW, AND SATURDAY, JULY 14 (SO-CALLED OVERTIME DAY), WAS THE LAST DAY OF THE SECOND ADMINISTRATIVE WORKWEEK FOR SAID EMPLOYEES.

HAVING REGARD FOR THE ABOVE AND, ALSO, CONSIDERING THE PROVISIONS OF SECTION 201 OF THE STATUTE, 59 STAT. 296, REQUIRING PAYMENT OF OVERTIME COMPENSATION "FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK," AND CONSIDERING ALSO, THE PROVISIONS OF SECTION 604 (B) OF THE STATUTE, 59 STAT. 303, REQUIRING THAT "EACH PAY PERIOD * * * SHALL COVER TWO ADMINISTRATIVE WORKWEEKS"--- UNDERSTOOD FROM THE ADMINISTRATIVE ORDER MENTIONED IN THE FOURTH PARAGRAPH OF YOUR SUBMISSION TO HAVE BEEN FROM JULY 1 TO 14 INCLUSIVE, THE STATEMENT MADE IN THE LAST SENTENCE OF THAT PARAGRAPH, REGARDING THE ADMINISTRATIVE POLICY FOR PAY-ROLL PURPOSES, WOULD APPEAR TO BE INCONSISTENT WITH THE ADMINISTRATIVE ACTION TAKEN BY THE ADMINISTRATIVE ORDER MENTIONED IN THE FIRST SENTENCE OF SAID PARAGRAPH. BUT HOWEVER THAT MAY BE, THERE WAS NO ADMINISTRATIVE AUTHORITY--- BY THE ESTABLISHING, FOR PURPOSES OF CONVENIENCE IN THE PREPARATION OF PAY ROLLS, OF A PRACTICE (OR POLICY) OF INCLUDING COMPENSATION FOR THE OVERTIME WORK IN ONE WEEK ON THE PAY ROLL FOR THE NEXT WEEK--- TO DEFEAT THE RIGHT OF THE TWO EMPLOYEES HERE INVOLVED TO RECEIVE OVERTIME COMPENSATION FOR AUTHORIZED OVERTIME ACTUALLY WORKED DURING SUCH PRECEDING WEEK.

THEREFORE, UPON THE BASIS OF THE FACTS PRESENTED IN YOUR LETTER, THE CONCLUSION STATED IN THE PENULTIMATE PARAGRAPH THEREOF CANNOT BE ACCEPTED AS CORRECT; AND I AM UNABLE TO AGREE WITH THE INTERPRETATION OF THE LAW AS STATED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER. ON THE CONTRARY, IF THE TWO EMPLOYEES MENTIONED WORKED THEIR BASIC WORKWEEK OF 40 HOURS FROM MONDAY, JULY 9, THROUGH FRIDAY, JULY 13, THEY ARE ENTITLED TO RECEIVE OVERTIME COMPENSATION FOR THE 4 HOURS WORKED ON SATURDAY, JULY 14, WITHIN THE SAME ADMINISTRATIVE WORKWEEK AS THEIR BASIC WORKWEEK.