B-51099, JULY 28, 1945, 25 COMP. GEN. 121

B-51099, JULY 28, 1945, 25 COMP. GEN. 121

FEDERAL EMPLOYEES PAY ACT OF 1945 UNDER SECTION 201 OF THE FEDERAL EMPLOYMENT PAY ACT OF 1945, AND REGULATIONS ISSUED PURSUANT TO SECTION 605 THEREOF, PROVIDING FOR THE COMPENSATION AT OVERTIME RATES FOR ALL "HOURS" OF EMPLOYMENT IN EXCESS OF 40 IN ANY ADMINISTRATIVE WORKWEEK, IT IS WITHIN THE DISCRETION OF THE HEAD OF A DEPARTMENT TO PROVIDE BY REGULATION THAT FRACTIONAL PARTS OF AN HOUR- -- SUCH AS MINIMUM PERIODS OF 15 MINUTES OR MULTIPLES THEREOF--- SHALL BE RECORDED AND PAID FOR AT OVERTIME RATES. UNDER SECTION 301 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND REGULATIONS ISSUED PURSUANT TO SECTION 605 THEREOF, PROVIDING A NIGHT PAY DIFFERENTIAL FOR DUTY BETWEEN THE HOURS OF 6 P.M. AND 6 P.M., IT IS WITHIN THE DISCRETION OF THE HEAD OF A DEPARTMENT TO PROVIDE BY REGULATION THAT FRACTIONAL PARTS OF AN HOUR--- SUCH AS MINIMUM PERIODS OF 15 MINUTES OR MULTIPLES THEREOF--- FALLING BETWEEN 6 P.M. AND 6 A.M. SHALL BE RECORDED AND PAID FOR AT THE NIGHT DIFFERENTIAL RATE. FOR PURPOSES OF OVERTIME COMPENSATION PROVIDED FOR BY SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR WORK "IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK," THE ADMINISTRATIVE WORKWEEK REQUIRED BY SECTION 604 TO BE ESTABLISHED MUST BE REGARDED AS INCLUDING SEVEN CONSECUTIVE DAYS, THUS PERMITTING PAYMENT OF OVERTIME COMPENSATION FOR WORK ON SATURDAY AND SUNDAY OUTSIDE OF THE REGULARLY SCHEDULED 40 HOURS OF DUTY EACH WEEK. UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, ANY OFFICIALLY ORDERED OR APPROVED SERVICE PERFORMED OUTSIDE OF THE ESTABLISHED BASIC WORKWEEK OF 40 HOURS--- WHETHER ON SATURDAY AFTERNOON, SUNDAY, OR IN EXCESS OF 8 HOURS ON ANY OTHER DAY--- DURING AN ADMINISTRATIVE WORKWEEK OF SEVEN CONSECUTIVE CALENDAR DAYS MUST BE SUBSTITUTED FOR ANY CORRESPONDING PERIOD OF LEAVE WITHOUT PAY DURING THE SAME BASIC WORKWEEK, AND MUST BE PAID FOR AT STRAIGHT-TIME RATES--- NO OVERTIME COMPENSATION BEING PAYABLE UNDER SECTION 201 OF THE ACT UNTIL THE REGULAR PAY FOR THE BASIC 40-HOUR WEEK SHALL HAVE BEEN EARNED. WHERE AN EMPLOYEE ENTERS ON DUTY AFTER THE BEGINNING OF THE BASIC 40 HOUR WORKWEEK ESTABLISHED PURSUANT TO SECTION 604 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, COMPENSATION AT OVERTIME RATES MAY NOT BE PAID UNDER SECTION 201 OF SAID ACT FOR TIME WORKED ON SATURDAY OR IN EXCESS OF 8 HOURS ON ANY OTHER DAY DURING THAT WEEK WHICH, TOGETHER WITH THE TIME WORKED DURING THE BASIC WORKWEEK, DOES NOT EXCEED 40 HOURS. WHERE, ON AND AFTER THE EFFECTIVE DATE--- JULY 1, 1945--- OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AN EMPLOYEE PROPERLY IS GRANTED ADVANCE ANNUAL LEAVE DURING HIS WORKWEEK AND RECEIVES HIS USUAL COMPENSATION FOR THAT WEEK, INCLUDING OVERTIME COMPENSATION FOR WORK ON SATURDAY IN EXCESS OF 40 HOURS PER WEEK, THERE IS NO REQUIREMENT UNDER THE PRESENT LEAVE LAWS AND REGULATIONS, IN THE EVENT OF SEPARATION FROM SERVICE PRIOR TO LIQUIDATION OF THE LEAVE ADVANCE, THAT ANY ADJUSTMENT BE MADE FOR OVERTIME COMPENSATION RECEIVED--- REFUND AT HIS BASIC RATE, ONLY, FOR THE UNLIQUIDATED PERIOD OF LEAVE BEING REQUIRED. EMPLOYEES WHO WORK LESS THAN FULL TIME AT RATES BASED UPON ANNUAL RATES PRESCRIBED BY THE CLASSIFICATION ACT AND WHO ARE SUBJECT TO SECTION 604 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 SHOULD BE COMPENSATED ON AN HOURLY RATHER THAN A DAILY BASIS, IN ACCORDANCE WITH THE FORMULA PROVIDED BY SECTION 604 (D) FOR COMPUTING BASIC COMPENSATION BY THE HOUR. ONLY THAT PORTION OF AN EMPLOYEE'S OFFICIAL TRAVEL TIME WHICH FALLS WITHIN REGULAR WORKING HOURS--- INCLUDING OVERTIME REGULARLY ESTABLISHED-- - MAY BE CONSIDERED IN COMPUTING HIS BASIC AND OVERTIME COMPENSATION UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945. 24 COMP. GEN. 65 AND ID. 210, DISTINGUISHED. THE GENERAL RULE THAT ORDINARILY PER DIEM IN LIEU OF SUBSISTENCE IS PAYABLE TO AN EMPLOYEE ONLY FOR DAYS HE IS IN A PAY STATUS WILL NOT BE APPLIED TO DENY PAYMENT OF SUCH PER DIEM FOR TRAVEL ON SATURDAY OR SUNDAY FOR WHICH NO COMPENSATION IS PAYABLE UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945. UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, A "WHEN ACTUALLY EMPLOYED" EMPLOYEE IS ENTITLED TO BASIC COMPENSATION FOR OFFICIAL TRAVEL TIME DURING A BASIC 40-HOUR WORKWEEK, MONDAY THROUGH FRIDAY; TO OVERTIME COMPENSATION FOR TRAVEL TIME DURING A REGULARLY SCHEDULED PERIOD OF OVERTIME SERVICE ON SATURDAY, PROVIDED HE WAS IN A PAY STATUS FOR THE 40 HOURS OF THE BASIC WORKWEEK; AND TO COMPENSATION AT HIS BASIC RATE FOR TRAVEL TIME ON SUNDAY TO THE EXTENT THAT IT WOULD NOT CAUSE HIS AGGREGATE COMPENSATION FOR THE ADMINISTRATIVE WORKWEEK INVOLVED TO EXCEED THAT WHICH HE WOULD HAVE RECEIVED HAD HE BEEN A FULL TIME EMPLOYEE. WHERE AN EMPLOYEE TRANSFERS IN THE MIDDLE OF THE WEEK FROM ONE AGENCY TO ANOTHER, HE MAY NOT BE PAID OVERTIME COMPENSATION FOR THAT WEEK UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, EVEN THOUGH HE WORKS THE NUMBER OF HOURS PER DAY REGULARLY REQUIRED BY EACH AGENCY INCLUDING THE HOURS REGULARLY REQUIRED ON THE OVERTIME DAY OF THE AGENCY TO WHICH TRANSFERRED--- THERE BEING INVOLVED WORKWEEKS ESTABLISHED BY DIFFERENT AUTHORITY, AND DIFFERENT APPROPRIATIONS; HOWEVER, THERE IS NO OBJECTION TO PAYMENT OF OVERTIME COMPENSATION WHEN AN EMPLOYEE IS PAID FROM MORE THAN ONE APPROPRIATION AVAILABLE TO THE SAME AGENCY. IN THE CASE OF EMPLOYEES ENGAGED AT PREVAILING PER DIEM OR HOURLY RATES EQUIVALENT TO PER ANNUM RATES OF LESS THAN $2,980, IT IS IMMATERIAL WHETHER OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 BE COMPUTED AT ONE AND ONE-HALF TIMES THEIR BASIC HOURLY RATE, OR WHETHER THE DAILY OR HOURLY RATE BE CONVERTED TO THE EQUIVALENT PER ANNUM RATE IN ACCORDANCE WITH SECTION 604 (D) OF SAID ACT AND THE FORMULA PRESCRIBED BY SECTION 201 FOR COMPUTING HOURLY RATES FROM PER ANNUM RATES APPLIED, THE RESULT BEING THE SAME IN EITHER EVENT. SHOULD ANY EMPLOYEES BE COMPENSATED ON A PER DIEM OR PER HOUR BASIS UNDER THE CLASSIFICATION ACT AND BE PAID A PER ANNUM EQUIVALENT EQUAL TO OR EXCEEDING $2,980, IT WOULD BE NECESSARY TO CONVERT THE HOURLY RATE INTO THE EQUIVALENT ANNUAL RATE--- 2,080 TIMES THE HOURLY RATE--- IN ORDER TO APPLY THE SCHEDULE OF OVERTIME RATES PROVIDED ON AN ANNUAL BASIS BY SECTION 201 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. PART TIME OR "WHEN ACTUALLY EMPLOYED" EMPLOYEES PAID ON AN ANNUAL BASIS IN PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT ARE ENTITLED TO WITHIN-GRADE PROMOTIONS UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 UPON COMPLETION OF 12 OR 18 MONTHS OF ACTUAL SERVICE COMPUTED ON THE BASIS OF THE TIME IN A PAY STATUS AT STRAIGHT-TIME RATES FULL TIME EMPLOYEES OF THE SAME CLASS WOULD BE REQUIRED TO SERVE BEFORE BECOMING ELIGIBLE FOR SUCH A PROMOTION. IN ORDER TO BE ELIGIBLE FOR A WITHIN-GRADE PROMOTION UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND REGULATIONS PURSUANT THERETO, AFTER 12 OR 18 MONTHS' SERVICE, EMPLOYEES MUST ACTUALLY BE IN A PAY STATUS AT THEIR STRAIGHT-TIME COMPENSATION RATE DURING THEIR BASIC 40-HOUR WORKWEEK ("OVERTIME" DAYS NOT BEING COUNTED) FOR AT LEAST 230 OR 360 DAYS (260 OR 390 DAYS LESS 30 DAYS IN A NON-PAY STATUS, INCLUDING BREAK SERVICE, WITHIN ANY ONE TIME PERIOD OF 12 OR 18 MONTHS) WITHIN A PERIOD OF NOT LESS THAN 12 OR 18 MONTHS. IN COMPUTING THE 30 DAYS IN A NON-PAY STATUS (INCLUDING BREAK IN SERVICE) WITHIN ANY ONE TIME PERIOD OF 12 OR 18 MONTHS WHICH AN EMPLOYEE MAY COUNT TOWARD A WITHIN-GRADE PROMOTION UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND REGULATIONS PURSUANT THERETO, SATURDAYS AND SUNDAYS OUTSIDE OF THE BASIC 40-HOUR WORKWEEK ON WHICH NO WORK IS PERFORMED SHOULD NOT BE INCLUDED. PART TIME EMPLOYEES WHO ARE REQUIRED ON OCCASION TO WORK IN EXCESS OF 40 HOURS WITHIN AN ADMINISTRATIVE WORKWEEK BUT NOT WITHIN THE 40 HOUR BASIC WORKWEEK ESTABLISHED PURSUANT TO SECTION 604 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 SHOULD BE CONSIDERED FULL TIME EMPLOYEES FOR THAT WEEK, AND THE PERIOD OF WORK OUTSIDE THE BASIC WORKWEEK SHOULD BE SUBMITTED FOR A CORRESPONDING PERIOD WITHIN SUCH WORKWEEK, THE REMAINDER OF THE TIME WORKED TO BE PAID FOR AS OVERTIME UNDER SECTION 201. WHERE SUNDAY, JULY 1, 1945, WAS ESTABLISHED BY AN AGENCY AS THE BEGINNING OF ITS ADMINISTRATIVE WORKWEEK AND, THEREFORE, THE BEGINNING OF THE FIRST BI-WEEKLY PAY PERIOD IN ACCORDANCE WITH SECTION 604 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AN EMPLOYEE OF THAT AGENCY WHO, ON SUNDAY, JULY 15, 1945, COMPLETED THE 12 OR 18 MONTHS' SERVICE ENTITLING HIM TO A WITHIN -GRADE PROMOTION "AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING COMPLETION" OF SUCH SERVICE, AS PROVIDED BY SECTION 402 OF SAID ACT, IS NOT ENTITLED TO THE WITHIN-GRADE INCREASE UNTIL THE BEGINNING OF THE NEXT PAY PERIOD AFTER THE ONE WHICH BEGAN JULY 15, 1945. AN EMPLOYEE WHO, BY REASON OF LEAVE WITHOUT PAY DURING A BASIC 40 HOUR WORKWEEK, DOES NOT RECEIVE ALL OR ANY OF THE OVERTIME COMPENSATION HE WOULD HAVE RECEIVED HAD HE WORKED THE ENTIRE ADMINISTRATIVE WORKWEEK OF 44 HOURS LOSES FOR THAT PAY PERIOD THE BENEFIT OF THE AGGREGATE COMPENSATION SAVINGS PROVIDED BY SECTION 603 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. AN EMPLOYEE MERELY ASSIGNED OR DETAILED TEMPORARILY TO PERFORM THE DUTIES OF A POSITION OTHER THAN HIS OWN, WHICH HE HELD ON JUNE 30, 1945, DOES NOT LOSE THE BENEFIT OF SECTION 603 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, GUARANTEEING FOR CERTAIN EMPLOYEES A MINIMUM RATE BELOW WHICH THEIR AGGREGATE COMPENSATION FOR ANY PAY PERIOD SHALL NOT FALL SO LONG AS THEY CONTINUE TO OCCUPY THE POSITION OCCUPIED ON JUNE 30, 1945. COMPARE 25 COMP. GEN. 62. COUNTY COMMITTEEMEN APPOINTED PURSUANT TO SECTION 42 OF THE BANKHEAD JONES FARM TENANCY ACT AND PAID $3 PER DAY FOR NOT TO EXCEED 5 DAYS PER MONTH ARE ENTITLED TO AN INCREASE IN THE BASIC COMPENSATION SO PRESCRIBED BY STATUTE, AS PROVIDED BY SECTION 602 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945--- THE PER ANNUM RATE FOR PURPOSES OF THE COMPUTATION TO BE OBTAINED BY MULTIPLYING $3 BY 260 (APPLYING IN REVERSE THE FORMULA PRESCRIBED BY SECTION 604 (D) ). (OVERRULED, IN PART, BY 25 464.) WHERE A LABORER HIRED ON A PER DIEM BASIS BY THE DEPARTMENT OF AGRICULTURE FOR ROAD OR TRAIL WORK IS ASSIGNED IN AN EMERGENCY DURING HIS BASIC OUR WORKWEEK TO FIRE-FIGHTING WORK AT A DIFFERENT COMPENSATION RATE (NOT INCLUDING OVERTIME COMPENSATION), AS PROVIDED BY HIS APPOINTMENT OR CONTRACT OF EMPLOYMENT, THE SERVICE AS A FIRE FIGHTER MAY BE COUNTED TO COMPLETE THE BASIC WORKWEEK, AND OVERTIME COMPENSATION MAY BE PAID UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR SERVICE AS A LABORER IN ADDITION TO SERVICE DURING THE BASIC WORKWEEK.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, JULY 28, 1945:

I HAVE YOUR LETTER OF JULY 18, 1945, REQUESTING DECISION UPON A NUMBER OF QUESTIONS ARISING UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, APPROVED JUNE 30, 1945, PUBLIC LAW 106. THE QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER PRESENTED.

1. SEC. 201 AND PUBLIC LAW 106 PROVIDES THAT,"OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES * * *.' (ITALICS SUPPLIED.) THE DEPARTMENT ASSUMES THAT ALL WORK, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK SHOULD BE COMPENSATED FOR AT OVERTIME RATES, AND THAT OVERTIME WORK SHOULD BE RECORDED ON THE BASIS OF TIME PERIODS OF 15 MINUTES OR MULTIPLES THEREOF. IN OTHER WORDS, THE DEPARTMENT BELIEVES THAT EVEN THOUGH THIS SECTION STATES "HOURS OF EMPLOYMENT" AN EMPLOYEE SHOULD BE COMPENSATED FOR EXCESS OVERTIME EMPLOYMENT WHEN SUCH WORK IS IN MULTIPLES OF A QUARTER HOUR. IT IS ASSUMED ALSO THAT THE SAME RULE SHOULD APPLY WITH RESPECT TO THE NIGHT PAY DIFFERENTIAL. IN OTHER WORDS, IF A REGULARLY SCHEDULED TOUR OF DUTY REQUIRES EMPLOYEES TO WORK FROM 10 A.M. TO 6.30 P.M., SUCH EMPLOYEES WILL BE PAID THE NIGHT DIFFERENTIAL ON THE BASIC COMPENSATION FOR THE HALF-HOUR EACH DAY. ARE THESE ASSUMPTIONS CORRECT?

SECTION 401 (A), PART IV, CHAP. I, OF THE CIVIL SERVICE REGULATIONS, ISSUED PURSUANT TO SECTION 605 OF THE STATUTE, 59 STAT. 304 ( DEPARTMENTAL CIRCULAR NO. 529 DATED JUNE 30, 1945), PROVIDES:

(A) OFFICERS OR EMPLOYEES TO WHOM THESE REGULATIONS APPLY SHALL BE PAID OVERTIME COMPENSATION, COMPUTED AS PROVIDED IN SECTION 404 OF THESE REGULATIONS, FOR ALL HOURS OF EMPLOYMENT OFFICIALLY ORDERED OR APPROVED IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, INCLUDING IRREGULAR OR OCCASIONAL OVERTIME DUTY.

THE WORDS,"HOURS OF EMPLOYMENT," USED IN SECTION 201 OF THE STATUTE AND THE QUOTED PROVISION OF THE REGULATIONS DENOTE MERELY A BASIC UNIT OF TIME FOR COMPUTING A PERIOD DURING WHICH OVERTIME SERVICE IS PERFORMED AND DO NOT PRECLUDE THE CONSIDERATION OF FRACTIONAL PARTS OF AN HOUR. THEREFORE, IN THE ABSENCE OF ANY PROVISION IN THE LAW OR REGULATIONS TO THE CONTRARY, IT IS WITHIN YOUR ADMINISTRATIVE DISCRETION TO PROVIDE BY REGULATION THAT OVERTIME SERVICE BE RECORDED AND PAID FOR IN PERIODS OF 15 MINUTES OR MULTIPLES THEREOF. ALSO, IN THE ABSENCE OF ANY PROVISION IN SECTION 301 OF THE STATUTE, 59 STAT. 298 (AUTHORIZING A NIGHT PAY DIFFERENTIAL), OR IN THE REGULATIONS OF THE CIVIL SERVICE COMMISSION (SEE CHAP. III), THE SAME RULE MAY BE ADOPTED FOR RECORDING AND THE NIGHT DIFFERENTIAL. HOWEVER, THE ANSWER TO THIS QUESTION IS NOT TO UNDERSTOOD AS PRECLUDING THE HEAD OF ANOTHER AGENCY FROM PROVIDING BY REGULATION FOR THE RECORDING AND PAYING OF OVERTIME COMPENSATION AND NIGHT PAY DIFFERENTIAL IN MINIMUM PERIODS LONGER THAN 15 MINUTES.

2. SEC. 604 (A) OF PUBLIC LAW 106 PROVIDES THAT A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS SHALL BE ESTABLISHED BY THE HEAD OF THE DEPARTMENT, AND REQUIRES THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS. THE DEPARTMENT HAS ESTABLISHED GENERALLY A REGULAR BASIC WORKWEEK CONSISTING OF FIVE 8-HOUR DAYS--- MONDAY THROUGH FRIDAY AND WITH SATURDAY AS THE REGULAR OVERTIME DAY IN THE ADMINISTRATIVE WORKWEEK.

SEC. 201 OF THE ACT STATES THAT,"OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES * * *.' IT APPEARS FROM THE WORDING OF THE TWO SECTIONS MENTIONED ABOVE AND SEC. 604 (D) OF THE ACT THAT THE FORTY HOURS OF EMPLOYMENT FOR WHICH BASIC PER ANNUM RATES OF COMPENSATION SHALL BE REGARDED AS PAYMENT, SHALL BE IDENTIFIED WITH THE SCHEDULED BASIC WORKWEEK OF 5 DAYS A WEEK, 8 HOURS EACH DAY. SUCH A SCHEDULED WORKWEEK WAS PRESCRIBED BY THE PRESIDENT AND THE CIVIL SERVICE COMMISSION. IT SEEMS LOGICAL, THEREFORE, THAT ANY WORK OFFICIALLY ORDERED OUTSIDE OF THE ADMINISTRATIVE WORKWEEK, I.E., ON SUNDAY, OR SATURDAY AFTERNOON OR EXTRA HOURS AFTER THE EIGHT BASIC WORKWEEK HOURS EACH DAY SHOULD BE COMPENSATED FOR AT OVERTIME RATES REGARDLESS OF THE STATUS OF THE EMPLOYEE DURING THE BASIC WORKWEEK. IF AN ADMINISTRATOR ORDERS AN EMPLOYEE TO WORK ALL DAY ON A SUNDAY, FOR WHICH AN EMPLOYEE SHOULD EXPECT PAY AT OVERTIME RATES, BUT THROUGH SOME UNFORESEEN CIRCUMSTANCE AND BY NO FAULT OF HIS OWN, SUCH EMPLOYEE IS UNABLE TO WORK ALL THE FORTY HOURS OF HIS BASIC WORKWEEK, IT DOES NOT APPEAR EQUITABLE TO PROHIBIT THAT EMPLOYEE FROM RECEIVING OVERTIME PAY FOR SUCH WORK. THEREFORE, MAY AN EMPLOYEE BE PAID AT OVERTIME RATES FOR ALL WORK OFFICIALLY ORDERED OUTSIDE OF THE ADMINISTRATIVE WORKWEEK?

THE FIRST PARAGRAPH OF SECTION 201 AND SECTION 604 (A) OF THE STATUTE, 59 STAT. 296, 303, PROVIDES AS FOLLOWS:

SEC. 201. OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL, IN ADDITION TO THEIR BASIC COMPENSATION, BE COMPENSATED FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AT OVERTIME RATES AS FOLLOWS:

604 (A). 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 FORTY HOURS, AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS. ( ITALICS SUPPLIED.)

SECTION 301 (B) (1), AND SECTION 402, CHAP. I, OF THE REGULATIONS OF THE CIVIL SERVICE COMMISSION, CONTAIN THE FOLLOWING PROVISIONS:

(B) (1) A REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK WHICH SHALL CONSIST OF THE FORTY-HOUR BASIC WORKWEEK ESTABLISHED IN ACCORDANCE WITH SECTION 301 (A) OF THESE REGULATIONS, PLUS SUCH PERIOD OF OVERTIME WORK AS WILL BE REGULARLY REQUIRED OF EACH GROUP OF EMPLOYEES.

SECTION 402 (A). * * * IF AN ADMINISTRATIVE WORKWEEK, THE OFFICER OR EMPLOYEE DOES NOT ACTUALLY WORK DURING ANY OVERTIME PERIOD IN EXCESS OF THE FORTY HOURS PRESCRIBED AS THE BASIC WORKWEEK, NO OVERTIME COMPENSATION SHALL BE PAID.

THUS, IF THE DEFINITION IN THE REGULATIONS OF THE TERM,"ADMINISTRATIVE WORKWEEK," AS USED IN SECTION 201 (SEE, ALSO, SECTION 604 (B), 59 STAT. 303) OF THE STATUTE, BE CORRECT FOR ALL OVERTIME PAY COMPUTATION PURPOSES, NO PROVISION WOULD BE MADE FOR PAYMENT OF COMPENSATION AT ANY RATE FOR WORK ON SATURDAY AFTERNOON AND SUNDAY OR IN EXCESS OF EIGHT HOURS ON ANY OTHER DAY WITHIN THE SAME CALENDAR WEEK AS THE ADMINISTRATIVE WORKWEEK BUT OUTSIDE OF THE ADMINISTRATIVE WORKWEEK AS THUS DEFINED. HOWEVER, IT SEEMS CLEAR THAT THE CONGRESS INTENDED TO PROVIDE FOR PAYMENT OF COMPENSATION AT THE OVERTIME RATES PRESCRIBED BY SECTION 201 OF THE STATUTE FOR ALL OFFICIALLY ORDERED OR APPROVED OVERTIME WORK PERFORMED IN EXCESS OF FORTY HOURS WITHIN THE SEVEN CONSECUTIVE DAYS OF ANY WORKWEEK. HENCE, FOR PURPOSES OF OVERTIME COMPENSATION THE ADMINISTRATIVE WORKWEEK MUST BE REGARDED AS INCLUDING EACH OF THE SEVEN CONSECUTIVE DAYS ON WHICH WORK MAY BE OFFICIALLY ORDERED OR APPROVED, THE ONLY CONDITION PRESCRIBED BY THE STATUTE BEING THAT THE BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS SHALL BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF THE SEVEN CONSECUTIVE DAYS. THEREFORE, THIS OFFICE CANNOT ACCEPT AS LITERALLY CORRECT FOR ALL PURPOSES, THE DEFINITION OF THE TERM,"ADMINISTRATIVE WORKWEEK," AS SET FORTH IN THE REGULATIONS, SUPRA; AND THIS QUESTION 2 WILL BE ANSWERED UPON THE BASIS THAT THE WORDS,"IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK," APPEARING IN SECTION 201 OF THE STATUTE, MEAN IN EXCESS OF FORTY HOURS IN ANY SEVEN CONSECUTIVE CALENDAR DAYS, INCLUDING SATURDAY AND SUNDAY.

IN A DECISION OF SEPTEMBER 16, 1941, 21 COMP. GEN. 217, WITH REGARD TO EMPLOYEES SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, 48 STAT. 522, IT WAS HELD (QUOTING FROM THE SECOND AND THIRD PARAGRAPHS OF THE SYLLABUS):

IF A 40-HOUR-WEEK EMPLOYEE DOES NOT WORK OR IS NOT OTHERWISE IN A PAY STATUS DURING LEAVE OR ON A HOLIDAY FOR ALL OF THE 40 HOURS OF HIS REGULAR TOUR OF DUTY, COMPENSATION FOR ANY WORK PERFORMED, ON A HOLIDAY OR ANY OTHER DAY, OUTSIDE OF HIS REGULAR TOUR OF DUTY TO MAKE UP FOR THE TIME LOST IS NOT PAYABLE AT THE OVERTIME RATE BUT ONLY AT THE REGULAR RATE.

TIME WORKED BY A 40-HOUR-WEEK EMPLOYEE ON ANY DAY DURING OTHER THAN THE REGULAR HOURS OF HIS WEEKLY TOUR OF DUTY IS COMPENSABLE AT THE OVERTIME RATE UNLESS THE WORK WAS PERFORMED TO MAKE UP TIME PREVIOUSLY LOST DURING THE REGULAR HOURS OF HIS WEEKLY TOUR OF DUTY.

NO REASON IS PERCEIVED WHY THE SAME RULES SHOULD NOT BE APPLICABLE TO THE OVERTIME PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. SEE ANSWER TO QUESTION (4) (C) RELATING TO GROUP (A) IN DECISION OF JULY 26, 1945, B- 51076, 25 COMP. GEN. 102, TO THE ARCHITECT OF THE CAPITOL. THEREFORE, ANY OFFICIALLY ORDERED OR APPROVED SERVICE PERFORMED AT ANY TIME OUTSIDE OF THE ESTABLISHED BASIC WORKWEEK OF FORTY HOURS--- WHETHER ON SATURDAY AFTERNOON, OR SUNDAY OR IN EXCESS OF EIGHT HOURS ON ANY OTHER DAY--- DURING AN ADMINISTRATIVE WORKWEEK OF SEVEN CONSECUTIVE CALENDAR DAYS, MUST BE SUBSTITUTED FOR ANY CORRESPONDING PERIOD OF LEAVE WITHOUT PAY DURING THE SAME BASIC WORKWEEK AND PAID FOR AS STRAIGHT TIME--- NO OVERTIME COMPENSATION BEING PAYABLE EXCEPT FOR SERVICE PERFORMED AFTER THE REGULAR PAY FOR THE BASIC FORTY HOURS DURING THE WEEK SHALL HAVE BEEN EARNED.

3. IF QUESTION 2 SHOULD BE ANSWERED IN THE NEGATIVE, IT MAY BE ASSUMED THAT HOURS WORKED OUTSIDE OF THE ESTABLISHED WORKWEEK MAY NOT BE PAID AT OVERTIME RATES IF THE EMPLOYEE IS NOT IN A PAY STATUS (I.E., HE IS ON LEAVE WITHOUT PAY OR ENTERS ON DUTY AFTER THE BEGINNING OF THE WORKWEEK) FOR THE ENTIRE BASIC WORKWEEK OF FORTY HOURS, OR DOES NOT ACTUALLY WORK IN EXCESS OF FORTY HOURS IN THE ADMINISTRATIVE WORKWEEK. THEREFORE, SHALL WORK OFFICIALLY ORDERED OUTSIDE OF THE ESTABLISHED BASIC WORKWEEKS, UNDER SUCH SITUATIONS, BE PAID FOR AT BASIC RATES? SEC. 202 (A) OF THE ACT PROVIDES,"FOR THE GRANTING OF COMPENSATORY TIME OFF FROM DUTY, IN LIEU OF OVERTIME COMPENSATION, FOR IRREGULAR OR OCCASIONAL DUTY IN EXCESS OF FORTY EIGHT HOURS IN ANY REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK * * *.' (ITALICS SUPPLIED.) IF SUCH OVERTIME WORK AS DESCRIBED ABOVE MAY BE PAID FOR ONLY AT STRAIGHT-TIME RATES, MAY COMPENSATORY TIME OFF FROM DUTY BE GRANTED FOR SUCH OVERTIME WORK, SINCE IT WOULD NOT BE IN LIEU OF OVERTIME COMPENSATION? MOREOVER, IF AN EMPLOYEE IS ON LEAVE WITHOUT PAY DURING HIS BASIC WORKWEEK SO THAT THE FOUR HOURS OVERTIME WORK ON SATURDAY OR OTHER OVERTIME DAY MAY BE COMPENSATED FOR ONLY AT STRAIGHT-TIME RATES, MAY COMPENSATORY TIME OFF BE GRANTED FOR SUCH OVERTIME WORK SINCE IT IS REGULAR OVERTIME WORK AND NOT IRREGULAR OR OCCASIONAL OVERTIME WORK: TO ILLUSTRATE. AN EMPLOYEE IS ON LEAVE WITHOUT PAY ON MONDAY, HE WORKS THE FULL NUMBER OF REQUIRED HOURS IN THE THE REMAINDER OF THE BASIC WORKWEEK, AND WORKS FOUR HOURS ON SATURDAY, THE REGULAR OVERTIME DAY. SINCE HE WAS NOT IN PAY STATUS FOR THE ENTIRE BASIC WORKWEEK, IT IS ASSUMED HE WILL BE PAID ONLY AT STRAIGHT-TIME RATES FOR THE FOUR HOURS ON SATURDAY. HOWEVER, IT WOULD ALSO APPEAR THAT HE SHOULD BE CHARGED ONLY 4 HOURS L.W.O.P. INSTEAD OF 8 HOURS L.W.O.P. AND CREDITED WITH 4 HOURS OVERTIME AT BASIC RATES.

THE ASSUMPTION STATED IN THE FIRST SENTENCE IS CORRECT. THE ANSWER TO QUESTION 2, SUPRA, ANSWERS IN THE AFFIRMATIVE THE SUBQUESTION STATED IN THE SECOND SENTENCE. THE SUBQUESTION IN THE FOURTH SENTENCE IS ANSWERED IN THE NEGATIVE FOR THE REASON THAT SUCH TIME ALREADY WOULD HAVE BEEN USED TO "FILL IN" THE BASIC WORKWEEK. AN EMPLOYEE ABSENT WITHOUT PAY ON MONDAY FOR THE EIGHT HOURS OF HIS BASIC WORKWEEK WHO WORKS THE REMAINDER OF BASIC WORKWEEK AND FOUR HOURS ON SATURDAY WOULD BE ENTITLED TO RECEIVE COMPENSATION FOR THAT WEEK FOR 36 HOURS AS HIS BASIC RATE.

4.THE ACT ITSELF DOES NOT RESTRICT THE TIME WHEN COMPENSATORY TIME OFF MAY BE TAKEN BUT ONLY STATES THAT IT SHALL BE IN LIEU OF OVERTIME COMPENSATION. THE REGULATIONS OF THE CIVIL SERVICE COMMISSION IN DEPARTMENTAL CIRCULAR NO. 529 DO NOT SPECIFY THAT SUCH COMPENSATORY TIME OFF FROM DUTY MAY NOT BE TAKEN ON SATURDAY OR THE OVERTIME DAY. THEREFORE, SINCE COMPENSATORY TIME OFF FROM DUTY IS FOR TIME FOR WHICH AN EMPLOYEE WOULD ORDINARILY RECEIVE PAY AT OVERTIME RATES, IT WOULD APPEAR LOGICAL THAT COMPENSATORY TIME OFF FROM DUTY COULD BE GRANTED ON SATURDAY OR THE REGULAR OVERTIME DAY AND THE EMPLOYEE NOT FORFEIT HIS OVERTIME PAY FOR SATURDAY EVEN THOUGH HE DID NOT WORK ON SUCH DAY. IS THIS ASSUMPTION CORRECT? THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE, PROVIDED, OF COURSE, THE CONDITIONS PRESCRIBED BY THE LAW WITH RESPECT TO THE GRANTING OF COMPENSATORY TIME ARE MET. SEE ANSWER TO QUESTION 3 WITH RELATION TO GROUP (A) EMPLOYEES, DECISION OF JULY 26, 1945, B-51076, SUPRA, TO THE ARCHITECT OF THE CAPITOL. 5. IN YOUR DECISION B-36875, DATED OCTOBER 5, 1943, IT IS STATED STATED," IF AN ADMINISTRATIVE OFFICE, THROUGH ITS OWN FAULT OR NEGLECT OR FOR ITS OWN CONVENIENCE, FAILS TO GRANT THE COMPENSATORY TIME BY THE END OF THE 90-DAY PERIOD, REGARDLESS OF WHETHER THE EMPLOYEE HAS REQUESTED IT, THE EMPLOYEE BECOMES ENTITLED TO PAYMENT OF OVERTIME COMPENSATION FOR SUCH EXCESS OVERTIME.' IT IS ASSUMED THAT THE SAME PRINCIPLE WILL APPLY UNDER THE PAY ACT OF 1945 AS UNDER THE OVERTIME ACT OF 1943. THAT IS,IF AN EMPLOYEE ELECTS TO HAVE COMPENSATORY TIME OFF FOR EXCESS ORDERED OVERTIME WORK AND THE EMPLOYEE THROUGH NO FAULT OR VOLUNTARY ACTION ON HIS PART IS UNABLE TO TAKE ADVANTAGE OF THE COMPENSATORY TIME OFF FROM DUTY, HE WILL BE ENTITLED TO PAYMENT FOR SUCH EXCESS OVERTIME AT OVERTIME RATES, PROVIDED HE WORKED OR WAS IN PAY STATUS FOR THE WEEK CONCERNED. IS THIS ASSUMPTION CORRECT?

SECTION 202 (A) OF THE NEW STATUTE, 59 STAT. 297, VESTS AUTHORITY IN THE SECRETARY OF AGRICULTURE TO PROVIDE BY REGULATION THE CONDITIONS UNDER WHICH COMPENSATORY TIME OFF FROM DUTY, IN LIEU OF OVERTIME COMPENSATION, FOR OVERTIME WORK OCCASIONALLY OR IRREGULARLY PERFORMED IN EXCESS OF 48 HOURS PER WEEK WILL BE GRANTED. THE REGULATIONS OF THE CIVIL SERVICE COMMISSION PROVIDING A 90-DAY PERIOD WITHIN WHICH COMPENSATORY TIME OFF FROM DUTY COULD HAVE BEEN GRANTED UNDER THE TERMS OF THE WAR OVERTIME PAY ACT OF 1943, 57 STAT. 76, ARE, OF COURSE, NO LONGER IN EFFECT, BUT IT WOULD BE PROPER FOR YOU TO PROVIDE BY REGULATION A PERIOD WITHIN WHICH COMPENSATORY TIME OFF FROM DUTY AUTHORIZED BY THE NEW STATUTE SHALL BE TAKEN. IN THAT CONNECTION, THERE IS SUGGESTED FOR YOUR CONSIDERATION THAT SUCH PERIOD BE FIXED TO CONFORM WITH MULTIPLES OF BI-WEEKLY PAY PERIODS, RATHER THAN CALENDAR MONTH PERIODS. SUBJECT TO THE ABOVE CONDITIONS, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE ANSWER TO QUESTION 2 UNDER HEADING " SECTION 202 (A)," DECISION OF JULY 18, 1945, B-50927, 25 COMP. GEN. 62, TO THE FEDERAL WORKS ADMINISTRATOR, WHEREIN THE DECISION OF THIS OFFICE CITED BY YOU IN THIS QUESTION 5 IS GIVEN CONSIDERATION.

6. IF AN EMPLOYEE TO WHOM LEAVE HAS BEEN ADVANCED RESIGNS BEFORE SUCH LEAVE HAS BEEN EARNED, SHALL THE SET-OFF AGAINST THIS EMPLOYEE'S FINAL SALARY PAYMENT BE FOR THE LEAVE WITHOUT PAY PLUS THE OVERTIME COMPENSATION PAID FOR THE WEEK IN WHICH SUCH LEAVE WITHOUT PAY OCCURRED? IT WOULD SEEM MORE EQUITABLE IF THE DEDUCTION WOULD BE FOR THE EXCESS OF THE OVERTIME PAY OVER STRAIGHT-TIME FOR THE NUMBER OF HOURS WORKED AS OVERTIME DURING SUCH WEEK PLUS THE PAYMENT FOR THE HOURS OF LEAVE WITHOUT PAY. ILLUSTRATE: AN EMPLOYEE IS ADVANCED LEAVE FOR MONDAY. HE WORKS TUESDAY THROUGH FRIDAY FULL-TIME AND FOUR HOURS ON SATURDAY. SINCE HE WAS ON ANNUAL LEAVE MONDAY, HIS TIME ON SATURDAY IS OVERTIME AT ONE AND ONE-HALF RATE (ASSUMING HIS SALARY IS LESS THAN $2,980). THEN, IF THE EMPLOYEE RESIGNS AFTER HAVING EARNED ONLY ONE-HALF DAY'S LEAVE, HIS LEAVE CHARGE FOR MONDAY SHOULD BE CHANGED TO FOUR HOURS ANNUAL LEAVE, AND FOUR HOURS LEAVE WITHOUT PAY. THE RESULT WOULD BE THAT HIS FOUR HOURS ON SATURDAY WOULD BRING THE TOTAL HOURS TO 40 HOURS AND HE WOULD BE DUE NO OVERTIME PAY FOR THE SATURDAY HOURS. HAVING RECEIVED PAY FOR SIX HOURS ON SATURDAY (1 1/2 RATE) HE SHOULD REFUND TWO HOURS REGULAR PAY FOR THAT DAY (THE ADDITIONAL ALLOWANCE ORIGINALLY MADE BECAUSE OF CONSIDERING TIME WORKED ON SATURDAY AS OVERTIME), PLUS FOUR HOURS REGULAR PAY FOR THE FOUR HOURS LEAVE WITHOUT PAY ON MONDAY. IS THIS METHOD CORRECT? IF NOT, WHAT METHOD WOULD BE CORRECT?

IT IS ASSUMED THAT THIS QUESTION RELATES TO LEAVE ADVANCES ON OR AFTER JULY 1, 1945. IF THE ADVANCE OF LEAVE OF ABSENCE IS AUTHORIZED UNDER THE TERMS OF THE LEAVE LAWS AND REGULATIONS WHEN SUCH ADVANCE IS MADE, AND OVERTIME COMPENSATION IS PAID FOR THE WEEK IN WHICH SUCH LEAVE HAS BEEN ADVANCED, PAYMENT OF THE OVERTIME COMPENSATION FOR THAT WEEK IS PROPER AND LEGAL AND THERE WOULD BE NO REQUIREMENT FOR THE EMPLOYEE TO REFUND THE OVERTIME COMPENSATION, AS SUGGESTED IN THIS QUESTION, BECAUSE THE EMPLOYEE LATER DID NOT EARN THE LEAVE ADVANCED. IN OTHER WORDS, SO FAR AS THE PRESENT LEAVE LAW AND REGULATIONS ARE CONCERNED, OVERTIME COMPENSATION DOES NOT ENTER INTO THE COMPUTATION OF THE AMOUNT TO BE REFUNDED FOR OVERDRAWN ANNUAL OR SICK LEAVE. THEREFORE, UNDER SECTION 4.6 OF THE CURRENT LEAVE REGULATIONS--- NOTHING APPEARING IN THE REGULATIONS UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 TO THE CONTRARY--- THE EMPLOYEE WHOSE EXAMPLE IS HERE PRESENTED WOULD BE REQUIRED TO REFUND ONE-HALF DAY'S COMPENSATION AT HIS BASIC RATE.

7.THE DEPARTMENT EMPLOYS SOME W.A.E. EMPLOYEES IN POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED. THESE EMPLOYEES WORK IRREGULARLY AND ONLY WHEN THEIR SERVICES ARE REQUIRED. THEIR DAILY RATE OF PAY IS DERIVED FROM CLASSIFIED ANNUAL RATES. IF SUCH EMPLOYEES WORK MORE THAN 8 HOURS IN ANY ONE DAY, MAY THEY BE PAID AT AN HOURLY RATE OF BASIC ANNUAL COMPENSATION RATHER THAN AT A DAILY RATE? FOR EXAMPLE, A W.A.E. EMPLOYEE IN A CAF-2 POSITION, WHOSE RATE OF PAY IS DERIVED FROM THE ANNUAL RATE OF $1704 WORKS 10 HOURS A DAY, MONDAY THROUGH WEDNESDAY DURING A WEEK, A TOTAL OF 30 HOURS. SHALL HE BE PAID $6.55 A DAY AT A TOTAL OF $19.65 OR SHALL HE BE PAID $0.819 AN HOUR FOR 30 HOURS, AT A TOTAL OF $24.57? SINCE THE ACT PROVIDES A METHOD OF COMPUTING AN HOURLY RATE OF PAY IN SECTION 604 (D), IT WOULD SEEM THAT THE LATTER COMPUTATION IS MORE NEARLY CORRECT.

UNDER SECTION 604 (A) OF THE STATUTE, ESTABLISHING A 40-HOUR BASIC WORKWEEK, AND SECTION 604 (D) THEREOF, 59 STAT. 304, PROVIDING THE FORMULA FOR COMPUTING BASIC COMPENSATION BY THE HOUR, THE COMPENSATION OF ALL PERSONNEL SUBJECT TO SAID SECTIONS OF THE STATUTE WHO WORK LESS THAN FULL TIME SHOULD BE COMPUTED AND PAID UPON AN HOURLY BASIS RATHER THAN UPON A DAILY BASIS. THE PROVISIONS OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, WHICH REQUIRED THE DIVISION OF THE ANNUAL SALARY OF EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT BY 360 TO DETERMINE THE DAILY RATE, NO LONGER IS OPERATIVE AS TO EMPLOYEES WHOSE COMPENSATION IS COMPUTED IN ACCORDANCE WITH SECTION 604 (D) OF THE NEW STATUTE. SEE SECTION 604 (C) OF THE STATUTE, 59 STAT. 303. THEREFORE, IN THE EXAMPLE GIVEN, THE EMPLOYEE WOULD BE ENTITLED TO $0.819 PER HOUR FOR 30 HOURS, OR $24.57.

8. IN YOUR DECISION B-31258, DATED JANUARY 9, 1943 (22 COMP. GEN. 636,) IT IS STATED WITH RESPECT TO 40 HOUR EMPLOYEES IN THE WAR DEPARTMENT THAT," IT IS NOT TO BE UNDERSTOOD THAT AN EMPLOYEE WHO IS SENT ON AN EXTENDED TRIP, IN TRAVEL STATUS AND WITH EXPENSES PAID FOR SEVERAL DAYS, WEEKS OR LONGER, IS TO BE REGARDED AS CONTINUOUSLY IN "EMPLOYMENT" FOR OVERTIME PURPOSES MERELY BECAUSE HE IS IN A TRAVEL STATUS OR IS PROCEEDING ENROUTE, SINCE, IN FACT, DURING A GREATER OR LESSER PORTION OF SUCH PERIOD HE IS RELIEVED OF ANY DUTIES AND IS FREE TO SEEK REST, RECREATION, OR OTHER PERSONAL PURSUITS. ON THE OTHER HAND, WHEN A REGULAR WORKWEEK, INCLUDING SOME OVERTIME, HAS BEEN ESTABLISHED FOR AN EMPLOYEE (SUCH AS SIX DAYS OF EIGHT HOURS EACH,) AND ON OCCASION, HIS DIRECTED TRAVEL REQUIRES HIM TO BE AWAY FROM HIS HEADQUARTERS DURING ANY PART OF SUCH ESTABLISHED WORKWEEK, HIS COMPLIANCE WITH THE TRAVEL ORDER DOES NOT RELEGATE HIM TO A STATUS OF NONEMPLOYMENT, EITHER FOR THE HOUR OF OVERTIME OR FOR THE HOURS OF "STRAIGHT" TIME. IN OTHER WORDS, OFFICIAL TRAVEL (OR INCIDENTAL WAITING TIME) DURING REGULAR WORKING HOURS IS "EMPLOYMENT" WITHIN THE MEANING OF THE 1940 STATUTE, WHILE, OUTSIDE OF SUCH HOURS, GENERALLY, IT IS NOT.' IT WOULD APPEAR THAT THE PRINCIPLES INVOLVED IN THIS DECISION MAY BE APPLIED TO EMPLOYEES UNDER THE PAY ACT OF 1945. IN OTHER WORDS, IF EMPLOYEES COVERED BY THE PAY ACT OF 1945 ARE IN TRAVEL STATUS DURING SATURDAY AND SUNDAY, THEY WOULD BE ENTITLED TO THE FOUR HOURS OVERTIME PAY ON SATURDAY ONLY. NO OVERTIME PAY OR STRAIGHT TIME PAY SHOULD BE GRANTED FOR ANY OTHER HOURS DURING SATURDAY OR SUNDAY BY MERE REASON THAT THE EMPLOYEE IS IN TRAVEL STATUS, UNLESS WORK IS ACTUALLY ORDERED OR PERFORMED. AN EMPLOYEE, HOWEVER, SINCE HE IS IN A TRAVEL STATUS DURING SUCH DAYS WOULD BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE. ARE THESE ASSUMPTIONS CORRECT?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. IN ADDITION TO THE DECISION CITED BY YOU, SEE, ALSO, 24 COMP. GEN. 456. IN COMING TO SUCH CONCLUSION THERE HAS NOT BEEN OVERLOOKED THE RULE STATED IN DECISION OF AUGUST 3, 1944, 24 COMP. GEN. 65, AND DECISION OF SEPTEMBER 9, 1944, 24 COMP. GEN. 210, AUTHORIZING THE PAYMENT OF STRAIGHT TIME FOR TRAVEL ON SUNDAY NOT TO EXCEED THE NUMBER OF HOURS OF LABOR REQUIRED ON THE DAYS OF THE BASIC WORKWEEK TO PER DIEM OR PER HOUR EMPLOYEES IN THE TRADES AND OCCUPATIONS SUBJECT TO THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934, 48 STAT. 522. BUT THE COMPENSATION OF THE EMPLOYEES CONSIDERED IN THOSE DECISIONS, WAS FIXED PURSUANT TO STATUTE UPON A PER DIEM OR PER HOUR BASIS, RATHER THAN UPON AN ANNUAL BASIS, AND, ACCORDINGLY, THE PAYMENT OF STRAIGHT TIME FOR SUNDAY TRAVEL WOULD NOT INVOLVE THE EXCEEDING OF ANY ANNUAL SALARY RATE AS WOULD BE THE SITUATION IF TRAVEL TIME ON SUNDAY OR SATURDAY AFTERNOON WERE AUTHORIZED TO BE PAID FOR PER ANNUM EMPLOYEES UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945. WHILE IT IS TRUE THAT THE NEW STATUTE PROVIDES A FORMULA FOR BREAKING DOWN THE ANNUAL SALARY RATE INTO AN HOURLY BASIS, NEVERTHELESS, THERE REMAINS THE LIMITATION UPON THE ANNUAL BASIC SALARY. IT IS NOT BELIEVED THAT THE CONGRESS INTENDED THE NEW PAY STATUTE TO BE SO ADMINISTERED AS TO CAUSE THE STATUTORY LIMITATION UPON THE ANNUAL BASIC SALARY RATE, PLUS REGULAR OVERTIME COMPENSATION DURING ANY WEEK, TO BE EXCEEDED BY AUTHORIZING PAYMENT OF ANY ADDITIONAL COMPENSATION SOLELY BECAUSE OF OFFICIAL TRAVEL OUTSIDE OF THE BASIC WORKWEEK PLUS THE PERIOD OF REGULARLY ORDERED OVERTIME--- IN THIS CASE 44 HOURS PER WEEK. HAVING IN MIND THAT THE PURPOSE OF THE LAWS AND REGULATIONS CONTROLLING THE PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE WHILE IN A TRAVEL STATUS AWAY FROM HEADQUARTERS IS TO REIMBURSE THE EMPLOYEE FOR THE ADDITIONAL EXPENSE INCURRED BY REASON OF SUCH ABSENCE, THE GENERAL RULE HERETOFORE STATED IN DECISIONS THAT ORDINARILY PER DIEM IN LIEU OF SUBSISTENCE IS PAYABLE ONLY FOR DAYS THE EMPLOYEE IS IN A PAY STATUS WILL NOT BE APPLIED TO DENY PAYMENT OF PER DIEM IN LIEU OF SUBSISTENCE FOR SATURDAY AND SUNDAY TRAVEL ON WHICH THE EMPLOYEE IS NOT ENTITLED TO RECEIVE ANY COMPENSATION.

9. IS A W.A.E. EMPLOYEE ENTITLED TO BASE PAY FOR A DAY DURING THE BASIC WORKWEEK, WHEN HE IS IN A TRAVEL STATUS BUT NO WORK IS ACTUALLY PERFORMED SINCE HE IS TRAVELING TO A TEMPORARY DUTY POINT OR TO HEADQUARTERS? LIKEWISE, IS A W.A.E. EMPLOYEE ENTITLED TO OVERTIME PAY FOR FOUR HOURS ON SATURDAY WHEN SUCH DAY IS SPENT IN TRAVELING ASSUMING THAT FOR MONDAY THROUGH FRIDAY OF SUCH WEEK, HE WAS IN PAY STATUS FOR FORTY HOURS? IS A W.A.E. EMPLOYEE ENTITLED TO SALARY, AND ON WHAT BASIS, FOR SUNDAY WHILE IN A TRAVEL STATUS WITHOUT PERFORMING WORK&.

THE FIRST TWO SUBQUESTIONS ARE ANSWERED IN THE AFFIRMATIVE. REFERRING TO THE LAST SUBQUESTION, A W.A.E. EMPLOYEE MAY BE PAID COMPENSATION AT BASIC RATE FOR SUNDAY TRAVEL WHICH WOULD NOT CAUSE HIS AGGREGATE COMPENSATION FOR THE ADMINISTRATIVE WORKWEEK IN WHICH THE SUNDAY OCCURS (SEE ANSWER TO QUESTION 2) TO EXCEED THE AMOUNT HE WOULD HAVE RECEIVED FOR THAT WEEK PURSUANT TO THE RULE STATED IN ANSWERING QUESTION 8 HAD HE BEEN FULL-TIME EMPLOYEE. IN OTHER WORDS, A W.A.E. EMPLOYEE, WORKING FULL TIME DURING ANY WEEK, IS ENTITLED TO THE SAME AGGREGATE COMPENSATION--- BASIC PLUS OVERTIME--- AS A FULL-TIME EMPLOYEE WOULD RECEIVE.

10. IF AN EMPLOYEE TRANSFERS IN THE MIDDLE OF THE WEEK FROM ONE AGENCY TO ANOTHER AND SUCH EMPLOYEE WORKS THE REQUIRED NUMBER OF HOURS FOR MONDAY THROUGH WEDNESDAY IN THE ADMINISTRATIVE WORKWEEK FOR THE FIRST AGENCY, AND THE REQUIRED NUMBER OF HOURS FOR THURSDAY THROUGH SATURDAY IN THE ADMINISTRATIVE WORKWEEK FOR THE SECOND AGENCY, HE WILL NOT HAVE WORKED FORTY HOURS FOR EITHER AGENCY, BUT WILL HAVE WORKED OVER FORTY HOURS FOR THE ENTIRE WEEK. IS SUCH AN EMPLOYEE ENTITLED TO OVERTIME COMPENSATION, AND IF SO, WHICH AGENCY SHOULD PAY IT?

THE AUTHORITY TO ESTABLISH THE BASIC WORKWEEK AND ADMINISTRATIVE WORKWEEK IS VESTED BY SECTION 604 (A) OF THE STATUTE IN THE HEADS OF THE SEVERAL DEPARTMENTS, ESTABLISHMENTS, AND AGENCIES OF THE GOVERNMENT "FOR ALL FULL- TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS.' HENCE, THE ACTION TAKEN BY THE HEAD OF ONE DEPARTMENT OR AGENCY HAS NO APPLICATION TO THE OFFICERS AND EMPLOYEES OF ANY OTHER DEPARTMENT OR AGENCY. THE PERIODS OF BOTH THE BASIC WORKWEEK AND THE ADMINISTRATIVE WORKWEEK IN THE SEVERAL ORGANIZATIONS OF THE GOVERNMENT MAY VARY. EVIDENTLY, THE WORDS "IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK" AS USED IN SECTION 201 OF THE STATUTE, AUTHORIZING PAYMENT OF OVERTIME COMPENSATION, RELATES ONLY TO WORK PERFORMED IN EXCESS OF FORTY HOURS IN ONE DEPARTMENT OR AGENCY OF THE GOVERNMENT. FURTHERMORE, APPROPRIATIONS FOR PAYMENT OF BASIC AND OVERTIME COMPENSATION ARE PROVIDED SEPARATELY FOR DIFFERENT DEPARTMENTS AND AGENCIES OF THE GOVERNMENT, AND NO DEPARTMENT OR AGENCY MAY BE REQUIRED TO PAY OVERTIME COMPENSATION FOR WORK PERFORMED IN EXCESS OF 40 HOURS IN ANY WEEK, ALL OR A PORTION OF WHICH IS PERFORMED IN ANOTHER DEPARTMENT OR AGENCY. WHILE THIS OFFICE WOULD INTERPOSE NO OBJECTION TO THE PAYMENT OF OVERTIME COMPENSATION WHEN AN EMPLOYEE IS PAID UNDER MORE THAN ONE APPROPRIATION MADE AVAILABLE TO THE SAME DEPARTMENT OR AGENCY OF THE GOVERNMENT, THERE DOES NOT APPEAR TO BE ANY PROPER BASIS FOR MAKING ADJUSTMENTS IN THAT RESPECT BETWEEN DIFFERENT DEPARTMENTS OR AGENCIES OF THE GOVERNMENT. THEREFORE, THIS QUESTION IS ANSWERED IN THE NEGATIVE.

11. THE DEPARTMENT EMPLOYS PERSONNEL, OTHER THAN WAGE BOARD EMPLOYEES, AT PREVAILING PER DIEM OR HOURLY RATES IN UNCLASSIFIED POSITIONS WITHIN THE CONTINENTAL UNITED STATES. THE PAY ACT OF 1945 PROVIDES THAT ALL CIVILIAN OFFICERS AND EMPLOYEES IN OR UNDER THE EXECUTIVE BRANCH OF THE GOVERNMENT SHALL BE PAID OVERTIME FOR EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK, AND THE ACT FURTHER PROVIDES RATES AT WHICH PER ANNUM EMPLOYEES MAY BE PAID OVERTIME COMPENSATION. HOWEVER, NO METHOD OF COMPUTING OVERTIME COMPENSATION IS PROVIDED FOR THESE PER DIEM OR PER HOUR EMPLOYEES WHEN THEY WORK IN EXCESS OF FORTY HOURS DURING A WORKWEEK. SHALL THESE EMPLOYEES BE PAID OVERTIME COMPENSATION COMPUTED AT ONE AND ONE-HALF TIMES THEIR BASIC HOURLY RATE OR SHALL THEIR FIXED DAILY OR HOURLY BASIC RATES OF COMPENSATION BE CONVERTED TO EQUIVALENT ANNUAL RATES IN ACCORDANCE WITH SEC. 604 (D) OF THE ACT IN ORDER TO ARRIVE AT AN ANNUAL RATE TO BE USED IN COMPUTING OVERTIME? TO ILLUSTRATE: A LABORER IS EMPLOYED AT THE PREVAILING RATE OF $4.00 PER DAY FOR AN 8 HOUR DAY. ACCORDANCE WITH SEC. 604 (D) HIS EQUIVALENT ANNUAL RATE WOULD BE $1040. FROM THIS ANNUAL RATE, AN HOURLY OVERTIME RATE CAN BE COMPUTED IN ACCORDANCE WITH SEC. 201 OF THE ACT. IF NEITHER OF THESE METHODS ARE CORRECT, HOW SHALL OVERTIME COMPENSATION BE COMPUTED FOR THESE EMPLOYEES WHO WORK THE FULL ADMINISTRATIVE WORKWEEK?

THIS QUESTION IS SIMILAR TO ONE CONSIDERED AND ANSWERED IN THE DECISION OF JULY 10, 1945, B-50789, 25 COMP. GEN. 35, TO THE COMMISSIONER, UNITED STATES SECTION, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO. PURSUANT TO THE RULE STATED IN THAT DECISION, IT IS IMMATERIAL WHICH OF THE TWO METHODS FOR COMPUTING OVERTIME COMPENSATION UNDER SECTION 201 (A) OF THE STATUTE, 59 STAT. 296, OF THESE EMPLOYEES IS ADOPTED, THE RESULT BEING THE SAME SO FAR AS CONCERNS ANY EMPLOYEE WHOSE EQUIVALENT ANNUAL SALARY IS LESS THAN $2,980. THEREFORE, IN THE EXAMPLE GIVEN IN YOUR LETTER, THE WEEKLY COMPENSATION UPON THE BASIS OF 44 HOURS (4 HOURS OVERTIME) WOULD BE (40 TIMES $0.50) $20 BASIC COMPENSATION, PLUS (1 1/2 TIMES 4 TIMES $0.501 $3, TOTAL COMPENSATION $23. OF COURSE, AS TO PER DIEM OR PER HOUR EMPLOYEES UNDER THE CLASSIFICATION ACT (IF THERE BE ANY) WHOSE PER ANNUM EQUIVALENT WOULD EQUAL OR EXCEED $2,980 PER ANNUM, IT WOULD BECOME NECESSARY TO CONVERT THE PER HOUR RATE INTO THE EQUIVALENT ANNUAL SALARY--- 2,080 TIMES THE HOURLY RATE--- IN ORDER TO APPLY THE SCHEDULE OF OVERTIME RATES PROVIDED ON AN ANNUAL BASIS BY SECTION 201 (B) OF THE STATUTE, 59 STAT. 297.

12. HERETOFORE, IN ORDER TO BECOME ELIGIBLE FOR PERIODIC WITHIN GRADE SALARY ADVANCEMENTS, PART-TIME AND W.A.E. EMPLOYEES HAVE BEEN REQUIRED TO RENDER 18 OR 30 MONTHS OF ACTUAL SERVICE, COMPUTED ON THE BASIS OF THE TIME PER MONTH THAT FULL-TIME EMPLOYEES WOULD BE REQUIRED TO WORK. UNDER SECTION 604 OF THE PAY ACT THE DEPARTMENT WILL PAY FULL TIME PER ANNUM EMPLOYEES FOR EMPLOYMENT DURING 52 BASIC WORKWEEKS OF 40 HOURS EACH, PLUS FOUR HOURS OVERTIME EACH WEEK. THESE EMPLOYEES WILL RECEIVE WITHIN-GRADE SALARY ADVANCEMENTS UNDER SEC. 402 OF THE ACT AT THE BEGINNING OF THE PAY PERIOD FOLLOWING 12 OR 18 MONTHS OF SERVICE, AS THE CASE MAY BE, OR A TOTAL OF 286 OR 429 DAYS OF ACTUAL WORK. DOES THIS MEAN THAT PART TIME AND W.A.E. EMPLOYEES ARE ENTITLED TO PERIODIC WITHIN-GRADE SALARY ADVANCEMENTS ON THE BASIS OF 286 OR 429 DAYS OF ACTUAL WORK, ALSO?

IN DECISION OF DECEMBER 15, 1941, 21 COMP. GEN. 569, IT WAS STATED, AT PAGE 574, AS FOLLOWS:

* * * EMPLOYEES PAID ON AN ANNUAL BASIS OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT WHO ARE EMPLOYED ON A PART-TIME OR WHEN-ACTUALLY EMPLOYED BASIS ARE ENTITLED TO THE BENEFITS OF THE ACT OF AUGUST 1, 1941. DECISION OF OCTOBER 27, 1941, B-20925, 21 COMP. GEN. 369. ACCORDINGLY, IN SUCH CASES THE PRESCRIBED PERIOD OF 18 OR 30 MONTHS SHOULD BE COMPUTED ON THE BASIS OF THE ACTUAL TIME SERVED RATHER THAN THE CALENDAR MONTH. AN EMPLOYEE WORKING PART TIME OR ON THE BASIS OF WHEN ACTUALLY EMPLOYED MUST RENDER 18 TO 30 MONTHS (AS THE CASE MAY BE) OF ACTUAL SERVICE COMPUTED ON THE BASIS OF FULL TIME PER MONTH THE SAME CLASS OF EMPLOYEES MUST SERVE WITHOUT HAVING RECEIVED AN EQUIVALENT INCREASE IN COMPENSATION TO BECOME ELIGIBLE FOR A WITHIN GRADE SALARY ADVANCEMENT. THAT RULE REMAINS FOR APPLICATION, GENERALLY, UNDER THE NEW STATUTE SUBJECT TO THE CONDITIONS HEREINAFTER STATED.

SECTION 402 OF THE NEW PAY STATUTE, 59 STAT. 299, PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

SEC. 402. SUBSECTION (B) OF SECTION 7 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, IS AMENDED TO READ AS FOLLOWS:

"/B) ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH TWELVE MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE LESS THAN $200, OR (2) EACH EIGHTEEN MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR MORE, SUBJECT TO THE FOLLOWING CONDITIONS: "

WITHIN-GRADE SALARY ADVANCEMENTS RELATE EXCLUSIVELY TO INCREASE IN BASIC COMPENSATION WHICH IS EARNED DURING THE BASIC WORKWEEK OF 40 HOURS--- IN THIS CASE ON FIVE DAYS PER WEEK. OVERTIME SERVICE IS NOT REQUIRED TO EARN A WITHIN-GRADE SALARY ADVANCEMENT. HENCE, THE ASSUMPTION IS NOT CORRECT THAT A FULL-TIME EMPLOYEE ACTUALLY MUST WORK 286 OR 429 DAYS (INCLUDING ONE-HALF DAY OF OVERTIME SERVICE ON EACH SATURDAY, THE OVERTIME DAY) WITHIN A PERIOD OF 12 OR 18 CALENDAR MONTHS TO BECOME ELIGIBLE FOR THE PERIODIC INCREASE IN COMPENSATION. FULL TIME EMPLOYEES MUST BE ON THE ROLLS 12 OR 18 CALENDAR MONTHS (INCLUDING A BREAK IN SERVICE NOT TO EXCEED 30 DAYS IN ANY SUCH PERIOD) SINCE THEIR LAST "EQUIVALENT INCREASE IN COMPENSATION," AND ACTUALLY MUST HAVE BEEN IN A PAY STATUS DURING THEIR BASIC WORKWEEK IN SUCH PERIODS NOT LESS THAN 230 DAYS OR 360 DAYS (THAT IS, 260 DAYS OR 390 DAYS, LESS 30 DAYS IN A NON-PAY STATUS WITHIN ANY ONE TIME PERIOD INCLUDING BREAK IN SERVICE) THAT MAY BE COUNTED PURSUANT TO THE FOLLOWING PROVISIONS OF SECTION 301, PART III, CHAP. II, OF THE CIVIL SERVICE REGULATIONS ( DEPARTMENTAL CIRCULAR NO. 529 DATED JUNE 30, 1945):

IN COMPUTING THE PERIODS OF SERVICE REQUIRED FOR WITHIN-GRADE SALARY ADVANCEMENTS THERE SHALL BE CREDITED TO SUCH SERVICE:

(C) TIME ELAPSING IN A NON-PAY STATUS (INCLUDING BREAK IN SERVICE) NOT EXCEEDING THIRTY DAYS WITHIN ANY ONE TIME PERIOD OF TWELVE OR EIGHTEEN MONTHS, AS THE CASE MAY BE.

(D) SERVICE RENDERED PRIOR TO ABSENCE ON FURLOUGH OR LEAVE WITHOUT PAY WHERE SUCH ABSENCE IS IN EXCESS OF THIRTY DAYS BUT NOT EXCEEDING ONE YEAR.

THEREFORE, AN EMPLOYEE WORKING EITHER FULL TIME OR LESS THAN FULL TIME IN A PERMANENT POSITION SUBJECT TO THE CLASSIFICATION ACT, ACTUALLY MUST BE IN A PAY STATUS AT STRAIGHT TIME RATE FOR AT LEAST 230 DAYS OR 360 DAYS, AS THE CASE MAY BE, DURING A PERIOD OF NOT LESS THAN 12 OR 18 CALENDAR MONTHS TO BECOME ELIGIBLE, SO FAR AS LENGTH OF SERVICE IS CONCERNED, FOR A WITHIN-GRADE SALARY ADVANCEMENT, PROVIDED THAT NO PERIOD IN A NON-PAY STATUS EQUALS OR EXCEEDS ONE YEAR. SUNDAYS AND SATURDAYS ON WHICH NO WORK IS PERFORMED OUTSIDE OF THE BASIC WORKWEEK SHOULD NOT BE INCLUDED IN COMPUTING THE 30 DAYS IN A NON-PAY STATUS THAT MAY BE COUNTED UNDER THE QUOTED REGULATIONS AS SERVICE WITHIN ANY ONE TIME PERIOD FOR A WITHIN- GRADE SALARY ADVANCEMENT.

13. SEC. 604 (A) STATES THAT,"IT SHALL BE THE DUTY OF THE HEADS OF THE THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS * * * TO ESTABLISH AS OF THE EFFECTIVE DATE OF THE ACT, FOR ALL FULL TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS, IN THE DEPARTMENTAL AND THE FIELD SERVICES, A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS, AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS.' IF THE DEPARTMENT REQUIRES A PART TIME EMPLOYEE ON SOME OCCASIONS TO WORK IN EXCESS OF 40 HOURS WITHIN AN ADMINISTRATIVE WORKWEEK BUT NOT WITHIN THE BASIC WORKWEEK, ARE THEY TO BE CONSIDERED AS FULL TIME EMPLOYEES FOR THAT WEEK AND BE PAID AT BASIC RATES OF COMPENSATION FOR THEIR FIRST FORTY HOURS IN ACCORDANCE WITH SEC. 604 (D) OF THE ACT AND AT OVERTIME RATES IN ACCORDANCE WITH SEC. 201 OF THE ACT FOR THE HOURS WORKED IN EXCESS OF 40 HOURS?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE PERIOD OF WORK PERFORMED OUTSIDE THE BASIC WORKWEEK SHOULD BE SUBSTITUTED FOR A CORRESPONDING PERIOD WITHIN THE BASIC WORKWEEK NOT TO EXCEED 40 HOURS, AND THE REMAINDER OF THE TIME WORKED SHOULD BE PAID FOR AS OVERTIME. SEE ANSWER TO QUESTION 2. CF. DECISION OF JULY 23, 1945. B-50979, 25 COMP. GEN. 86, TO THE SECRETARY OF THE NAVY.

14. SEC. 402 OF THE PAY ACT OF 1945 STATES THAT WITHIN-GRADE PROMOTIONS SHALL BE EFFECTIVE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH 12 MONTHS OF SERVICE IF EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE LESS THAN $200, OR (2) EACH 18 MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR MORE, SUBJECT TO CERTAIN CONDITIONS. SEC. 604 (B) OF THE ACT PROVIDES THAT EACH PAY PERIOD SHALL COVER TWO ADMINISTRATIVE WORKWEEKS. IF AN EMPLOYEE OF THE DEPARTMENT WHOSE ADMINISTRATIVE WORKWEEK BEGINS ON MONDAY AND ENDS ON SATURDAY AT 1:00 P.M. HAS COMPLETED HIS WITHIN-GRADE SERVICE OF 12 MONTHS ON SUNDAY, JULY 15, 1945, SHALL HIS WITHIN-GRADE ADVANCEMENT BE EFFECTIVE ON JULY 16, 1945, AT THE BEGINNING OF THE ADMINISTRATIVE WORKWEEK, OR SHALL IT NOT BE IN EFFECT UNTIL JULY 29, 1945, THE BEGINNING OF THE NEXT PAY PERIOD? THE DEPARTMENT HAS ADMINISTRATIVELY DETERMINED THAT PAY FOR WORK ON A SUNDAY WILL BE INCLUDED IN THE PAY COMPUTATIONS FOR THE ADMINISTRATIVE WORKWEEK IMMEDIATELY FOLLOWING, IN OTHER WORDS, THAT A WEEK FOR PAY PURPOSES WILL BE FROM SUNDAY THROUGH SATURDAY.

SUBSECTION (B) OF SECTION 7 OF THE CLASSIFICATION ACT, AS AMENDED BY SECTION 402 OF THE NEW PAY STATUTE, SPECIFICALLY PROVIDES THAT WITHIN GRADE SALARY ADVANCEMENTS SHALL TAKE EFFECT "AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING COMPLETION OF" THE REQUIRED SERVICE OF 12 OR 18 MONTHS. THOSE WORDS ARE EXPLAINED IN THE CONFERENCE REPORT, NO. 784, AS FOLLOWS:

* * * IN VIEW OF THE REQUIREMENT IN SECTION 604 (B) THAT PAY PERIODS COVER TWO ADMINISTRATIVE WORKWEEKS, THE GENERAL ACCOUNTING OFFICE BELIEVES THAT SUBSECTION (B) OF SECTION 7 OF THE CLASSIFICATION ACT WOULD BE MORE EASILY ADMINISTERED IF THE ADVANCEMENTS WERE MADE EFFECTIVE AT THE BEGINNING OF THE NEXT PAY PERIOD (RATHER THAN THE BEGINNING OF THE NEXT MONTH) FOLLOWING THE COMPLETION OF THE SERVICE PERIOD. ACCORDINGLY, THE WORDS "PAY PERIOD" HAVE BEEN INSERTED IN THE CONFERENCE SUBSTITUTE IN LIEU OF THE WORDS "MONTH.' ALSO, SECTION 604 (B) OF THE STATUTE, ESTABLISHING THE BI-WEEKLY PAY PERIOD PLAN, PROVIDES THAT "EACH PAY PERIOD * * * SHALL COVER TWO ADMINISTRATIVE WORKWEEKS," WHICH MEANS--- SINCE WORK MAY BE REQUIRED ON SUNDAYS--- 14 CONSECUTIVE CALENDAR DAYS SO FAR AS THE COMPUTATION OF PAY--- BOTH BASIC AND OVERTIME--- IS CONCERNED. SEE ANSWER TO QUESTION 2. THEREFORE, SINCE SUNDAYS DO NOT STAND ALONE FOR PAY PURPOSES, THEY MUST BE REGARDED AS INCLUDED WITHIN SOME PAY PERIOD. IT IS UNDERSTOOD FROM THE LAST SENTENCE OF THIS QUESTION THAT SUNDAY, JULY 1, 1945, WAS THE BEGINNING OF YOUR ADMINISTRATIVE PAY PERIOD ENDED WITH SATURDAY, JULY 14, AND SUNDAY, JULY 15, WAS THE BEGINNING OF THE NEXT PAY PERIOD. HENCE, AN EMPLOYEE WHO COMPLETED THE REQUIRED PERIOD OF SERVICE ON SUNDAY, JULY 15, 1945, WOULD NOT BE ENTITLED TO THE AUTOMATIC WITHIN GRADE SALARY INCREASE UNTIL THE BEGINNING OF THE NEXT PAY PERIOD AFTER JULY 15, 1945, WHICH WOULD BE SUNDAY, JULY 29, 1945.

15. SEC. 603 (A) STATES THAT," THE AGGREGATE PER ANNUM RATE OF COMPENSATION WITH RESPECT TO ANY PAY PERIOD IN THE CASE OF ANY FULL TIME EMPLOYEE IN THE SERVICE ON JULY 1, 1945, (1) WHO WAS A FULL TIME EMPLOYEE ON JUNE 30, 1945, (2) WHOSE PER ANNUM BASIC RATE OF COMPENSATION ON JUNE 30, 1945, DID NOT EXCEED A RATE OF $1,800 PER ANNUM AND (3) WHOSE COMPENSATION IS FIXED IN ACCORDANCE WITH THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, * * * SHALL NOT, UNDER THE RATES OF COMPENSATION ESTABLISHED BY THIS ACT SO LONG AS HE CONTINUES TO OCCUPY THE POSITION HE OCCUPIED ON JUNE 30, 1945, BE LESS THAN HIS PER ANNUM BASIC RATE OF COMPENSATION ON SUCH DATE, PLUS THE RATE OF $300 PER ANNUM OR 25 PERCENTUM OF SUCH PER ANNUM BASIC RATE OF COMPENSATION, WHICHEVER IS THE SMALLER AMOUNT.' IT APPEARS THAT IF SUCH AN EMPLOYEE WORKS ALL THE REGULAR REQUIRED OVERTIME UNDER A 44-HOUR ADMINISTRATIVE WORKWEEK, HIS AGGREGATE PER ANNUM PAY WOULD EXCEED THE MINIMUM GUARANTEE PROVIDED IN THIS SECTION. HOWEVER, THE SECTION STATES THAT "THE AGGREGATE PER ANNUM RATE OF COMPENSATION WITH RESPECT TO ANY PAY PERIOD * * * SHALL NOT BE LESS THAN HIS PER ANNUM BASIC RATE OF COMPENSATION ON SUCH DATE PLUS THE RATE OF $300 PER ANNUM OR 25 PERCENTUM OF SUCH PER ANNUM BASIC RATE OF COMPENSATION, WHICHEVER IS THE SMALLER AMOUNT.' IF A FULL TIME CLASSIFIED EMPLOYEE WHO IS IN THE POSITION HE OCCUPIED JUNE 30, 1945, AND WHO AT SUCH DATE HAD A BASIC RATE OF COMPENSATION OF LESS THAN $1,800 DOES NOT RECEIVE ALL OR ANY OF HIS OVERTIME COMPENSATION BY REASON OF L.W.O.P. DURING THE BASIC WORKWEEK OR ABSENCE FROM WORK ON SATURDAY, THE OVERTIME DAY SHALL BE PAID AN AMOUNT TO BRING HIM UP TO THE MINIMUM COMPENSATION FOR EACH PAY PERIOD OR SHALL HE BE PAID FOR THE TIME WORKED AT A RATE FOR THE PAY PERIOD TO INSURE THE EMPLOYEE THE MINIMUM GUARANTEED IN THIS PROVISION OF THE PAY ACT? IF AN EMPLOYEE WHO WOULD BE SUBJECT TO THIS PROVISION IS ASSIGNED IN THE SAME AGENCY TO A POSITION IDENTICAL IN BASIC ANNUAL RATE WITH THE POSITION OR JOB HE WAS IN ON JUNE 30, 1945, WILL SUCH EMPLOYEE LOSE HIS RIGHT TO THE PROVISIONS OF THIS SECTION?

THERE ARE FOR CONSIDERATION IN ANSWERING THIS QUESTION THE ANSWERS MADE TO QUESTIONS 1, 2, AND 3, IN DECISION OF JULY 18, 1945, B-50927, 25 COMP. GEN. 62, TO THE FEDERAL WORKS ADMINISTRATOR, UNDER THE HEADING," SECTION 603 (A).' PURSUANT TO THE RULES STATED IN THAT DECISION, BOTH ALTERNATE QUESTIONS IN THE SUBQUESTION IN THE PENULTIMATE SENTENCE ARE ANSWERED IN THE NEGATIVE, AND THE SUBQUESTION IN THE CONCLUDING SENTENCE IS ANSWERED IN THE AFFIRMATIVE, PROVIDED (IN RESPECT OF THE LAST QUESTION) THERE WAS AN ACTUAL ADMINISTRATIVE PROCESSING ACTION TO TRANSFER THE EMPLOYEE FROM ONE POSITION TO ANOTHER, HAVING DIFFERENT DUTIES AND RESPONSIBILITIES, EVEN THOUGH WITHIN THE SAME SALARY GRADE. OF COURSE, AN EMPLOYEE MERELY ASSIGNED OR DETAILED TEMPORARILY TO PERFORM THE DUTIES OF A POSITION OTHER THAN HIS OWN WOULD NOT LOSE THE BENEFIT OF THE GUARANTEE.

16. SEC. 602 (B) OF THE ACT (59 STAT. 302) STATES THAT," BASIC RATES OF COMPENSATION SPECIFICALLY PRESCRIBED BY STATUTE OF CONGRESS FOR POSITIONS IN THE EXECUTIVE BRANCH * * * WHICH ARE NOT INCREASED BY ANY OTHER PROVISION OF THIS ACT ARE HEREBY INCREASED IN THE SAME AMOUNT THAT CORRESPONDING RATES WOULD BE INCREASED UNDER THE PROVISIONS OF SEC. 405 OF THIS ACT; AND EACH SUCH AUGMENTED RATE SHALL BE CONSIDERED TO BE THE REGULAR BASIC RATE OF COMPENSATION.' PUBLIC LAW 210, 75TH CONGRESS, ENTITLED " BANKHEAD-JONES FARM TENANT ACT" IN TITLE IV, SEC. 42 (B) (ACT OF JULY 22, 1937, 50 STAT. 529) PROVIDES THAT COMMITTEEMEN SHALL BE PAID $3 PER DAY WHEN ENGAGED FOR DUTY EXCEPT THAT THEY SHALL NOT WORK MORE THAN FIVE DAYS IN EACH MONTH. DO SUCH EMPLOYEES COME WITH THE PURVIEW OF THE ABOVE SECTION OF THE FEDERAL EMPLOYEES PAY ACT? IF THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE, SHALL THE DAILY RATE OF $3 BE CONVERTED TO AN ANNUAL RATE TO COMPUTE THE BASIC INCREASE? THIS WOULD APPEAR TO BE PROPER SINCE SEC. 405 PROVIDES FOR THE PERCENTAGE OF INCREASE TO BE APPLIED ON PER ANNUM RATES OF COMPENSATION. SHOULD IT BE NECESSARY TO CONVERT THIS $3 RATE TO A PER ANNUM RATE, WILL THE MULTIPLIER BE 360, 313, OR 260. THE FIRST MULTIPLIER WOULD YIELD A PER ANNUM RATE OF $1,080 WHICH WHEN INCREASED BY 20 PERCENT EQUALS $1,296 OR A DAILY RATE OF $4.98. THE SECOND MULTIPLIER WOULD YIELD A PER ANNUM RATE OF $939 WHICH WHEN INCREASED BY 20 PERCENT EQUALS $1,126.80 OR A DAILY RATE OF $4.328. THE THIRD WOULD YIELD A PER ANNUM RATE OF $780 WHICH WHEN INCREASED BY 20 PERCENT EQUALS $936 OR A DAILY RATE OF $3.60.

THE FIRST SUBQUESTION IN THE THIRD SENTENCE IS ANSWERED IN THE AFFIRMATIVE. APPLYING THE FORMULA PRESCRIBED IN SECTION 604 (D) OF THE STATUTE IN REVERSE, THE THIRD (LAST) FORMULA SUGGESTED IN THIS QUESTION IS CORRECT, WHICH RESULTS, ALSO, IN 20 PERCENT OF $3 PER DIEM. SEE THE DECISION OF JULY 10, 1945, B-50789, SUPRA, TO THE COMMISSIONER, UNITED STATES SECTION, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO.

17. IS THE BASIC WEEK OR THE OVERTIME PAY FOR A REGULAR POSITION AFFECTED BY ASSIGNMENT TO OTHER WORK? FOR EXAMPLE, A LABORER ASSIGNED TO ROAD OR TRAIL WORK MAY BE HIRED AT $6.00 A DAY WITH THE UNDERSTANDING THAT IF A FIRE BREAKS OUT, HE WILL BE ASSIGNED TO FIRE FIGHTING DURING WHICH TIME HE WILL BE PAID AT THE CURRENT FIRE RATE APPLICABLE TO THE POSITION FILLED. FIREFIGHTERS ARE PAID AT RATES ESTABLISHED BY WAGE BOARDS BUT SUCH RATES DO NOT PROVIDE FOR OVERTIME COMPENSATION INASMUCH AS FIREFIGHTERS ARE NOT CONSIDERED MEMBERS OF THE "TRADES AND OCCUPATIONS" REFERRED TO IN THE ACT OF MARCH 28, 1934. WILL THIS EMPLOYEE BE ENTITLED TO OVERTIME AS A LABORER IF HE WORKS EIGHT HOURS A DAY MONDAY THROUGH THURSDAY AND FOUR HOURS ON SATURDAY AS A LABORER, AND 15 HOURS ON FRIDAY AS A FIREFIGHTER AT THE FIRE/RATE? IN THE LABORER POSITION FOR WHICH EMPLOYED, HE WILL HAVE WORKED ONLY 36 HOURS, BUT A TOTAL OF 51 HOURS ON THE TWO JOBS.

IF, AS IS UNDERSTOOD, THE APPOINTMENT OR CONTRACT OF EMPLOYMENT PROVIDED FOR ASSIGNMENT OF THIS EMPLOYEE TO FIRE FIGHTING WHEN THE NEED ARISES AND FOR PAYMENT THEREFOR AT A DIFFERENT RATE, HE WOULD BE ENTITLED TO COUNT THE SERVICE AS FIRE FIGHTER FOR EIGHT HOURS ON FRIDAY TO COMPLETE HIS BASIC WORKWEEK OF 40 HOURS. HENCE, HE WOULD BE ENTITLED TO COMPENSATION AT STRAIGHT TIME FOR 32 HOURS ( MONDAY THROUGH THURSDAY) AS LABORER, PLUS FOUR HOURS OVERTIME COMPENSATION FOR SATURDAY AS LABORER, PLUS 15 HOURS STRAIGHT TIME AS FIRE FIGHTER FOR FRIDAY.