[Appeal of Claims Group's Denial of Claim for Overtime Compensation]
Highlights
A retired Coast Guard employee appealed a Claims Group determination which denied his claim for overtime compensation. The claim arose when the former employee's tour of duty was changed from a Monday through Friday work schedule to a Sunday through Wednesday and Saturday work schedule, with Thursday and Friday off. The employee claimed that he was entitled to overtime for the first Sunday he was required to work after his schedule change because he worked 6 days in 1 week. He also contended that the change in schedule violated overtime regulations which required that an employee must be granted 2 consecutive days off at the end of a tour of duty. GAO found that overtime would be payable to the former employee only if he worked more than 5 days in any one administrative workweek. Since the Coast Guard's administrative workweek extended from Sunday through Saturday, the employee worked only 5 days in each workweek and was not entitled to overtime compensation. GAO could find no provision in federal regulations that requires that 2 consecutive days off must occur at the end of a tour of duty. Furthermore, GAO could find no evidence that the Coast Guard instituted the change in tours of duty to avoid paying overtime or that there was any evidence of discrimination. Accordingly, the Claims Group's determination was affirmed.