[Customs Service Employees Claims for Overtime Compensation]

Four U.S. Customs Service employees claimed that they were entitled to overtime compensation at a higher rate than that specified in the Federal Employees' Pay Act (FEPA) of 1945 for periods of time when they were performing inspection duties during a drug interdiction operation. Other federal regulations provide that extra compensation can be earned by Customs employees who perform inspectional services. While the agency claimed that the claimants should not have been performing inspectional activities, GAO found that the claimants presented sufficient evidence of the fact that they were assigned and performed inspection duties and, therefore, were entitled to overtime compensation at the higher rate specified under the regulations. Since the agency has paid the claimants for their work under the FEPA rate, it should pay the claimants the difference between the higher rate specified in other federal regulations and the lower FEPA rate for the periods of work in question.