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B-197877(HID) 1 (1980-11-26)

handle is hein.gao/gaobacutf0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, DC 20548 Office of General Counsel - In Reply Refer to: w November 2b, 1980 B-197877 (HID) Mr. Paul J. Comeaux Supervisory Firefighter Naval Support Activity, Mare Island Vallejo, California 94592 Dear Mr. Comeaux: We refer to your letter dated January 31, 1980, w00190 which was forwarded to our Office by the Naval Supply Center, Oakland, California, requesting that our Office review the correctness of the computation of monies due you as the result of overtime you have worked as an em- ployee of the Naval Support Activity, Mare Island, Vallejo, California. The record indicated that during the pay period ending December 2, 1978, you performed 25 hours of authorized overtime duty as a result of attending required supervisory training. Both you and your agency, the Naval Supply Activity, agree on the number of hours of overtime that you have orked and that you are a nonexempt employee under th ;Fair Labor Standards Act (FLSA). Nevertheless, it is your position that the agency is not computing correctly the amount of money owed to you using the procedures provided in Federal Personnel Manual 1,tM) Letter 551-5, January 15, 1975. Attachment 2,'page 5, of FPM Letter 551-5, states the following regarding the computation of FLSA overtime. An employee's regular rate of pay must first be determined in order to compute his overtime pay entitlement under the FLSA. Section 7(e) of the FLSA requires inclusion in the 'reg- ular rate' of 'all remuneration for employment paid to, or on behalf of, the employee' except for certain specific exclusions. Premium pay on an annual basis for regularly scheduled standby duty (5 U.S.C. V§ 5545(c)(1)) and premium pay on an A: ~' ~1 11 1W

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