[Appeal of Settlement on Claim for Overtime Compensation for Sleep and Meal Periods]

A government employees' union representing former and current employees of the Department of Agriculture (USDA) appealed a Claims Group settlement denying their claim for overtime compensation under the Fair Labor Standards Act. The union contended that USDA, based on an Office of Personnel Management (OPM) ruling on the case, improperly deducted hours of sleep and mealtime from each 24-hour shift worked by the employees. Although OPM had authority to enforce the act and initially addressed the dispute, jurisdiction to decide the propriety of payment on the claim was retained by GAO. GAO held that sleep and mealtime could be deducted only if it was provided for by the OPM regulations implementing the act. However, prior to the claim there were no OPM regulations which dealt with sleep and mealtime deductions from workshifts subject to overtime. In addition GAO held that hours of sleep and mealtime should be compensated for and overtime should be recomputed. Accordingly, the Claims Group determination was reversed.