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B-73005 1 (1977-01-28)

handle is hein.gao/gaobadebr0001 and id is 1 raw text is: Michael Yolpe Civ.Perm/ THE CC MITi LLUU EUNEWRAL DEI1EC1 OP T14 UNITED STATUS WASHINUTON, D.C. *0U4U FILE: 3-73005 DATE; Jamary S, 1WIT MATTER OF:Donald Macnab--Claim for overtime compensation DIGEST: Cuitoms emloyee claims overtime pay under Customs overtime laws, 19 U.S.C. 267 and 1451 (1970), for work performed in addition to regular tour of duty and between the hours of 5 p.m. and 8.am. Employee is entitled to such compensation rega!dless of whether he first performed 8 hours of duty on the day claimed, and aay contrary interpretation of the laws or the decision in 0'ourke v. United States, 109 Ct. Ci. 33 (1947), will not be folloIed. This sctiok is inlresponse to the request for reconsideration cf the settlement issued January 27,1975, by-our Transportation &sd Claims Divislon (now Claims Division) denying the claim of Kr. Donald Maciab for overtime compensation under sections '67 and 61451 of title 19, UniteC States Code, while employed by the U.S. Cusoms Service, Department of the Treasury, as a Customs Inspactor at Naco, Arizona. Bdefly stated,'the record indicates that the employee worked an 8-hour shift from either 4 p.m. to midninht or midnijht to 8.am. on.48 days during thejeriod June 22, 1959, and June 24, 1963, which were his,, cheiuled days off duty. This work was inexcess of his basic 40-hwur workweek, and he was compensated for this overtime-duty under the provisions of the Federal Employees Pay At'of 1945, 5 U.S.C. 554l et.se. (1970). Mr. Macnab claims that he should have been compensated for such duty under the provisions of the Customs overtime laws set forth in 19 U.S.C. 267 and 1451 (1970), and he seeks the difference between .;Ari overtime compensation actually received and the mount payable under sections 267 and 1451. The Settlment Certificate of January 27, 1975, idenied the clim on the ground that since the employee had not worked more tha eight hours on the days claimed and uf e none of the-days fell on a Sunday or holiday, the employee act enrited to overtime under the Cuutoms overtime laws as interpreted in United States.v. Myers, 320 U.S. 561 (1944), modified, 321

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