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B-194297 1 (1979-08-22)

handle is hein.gao/gaobadhnk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION 2OF THE UNITED STATES VVASHINGTON. D. C. 2054B FILE: B-194297 DATE August 22, 1979 MATTER OF: Artis Holcomb - Overtime Compensation DIGEST: 1. IRS employee traveled away from her official duty station during last hour of her 8-hour workday and claimed overtime compensation for that hour. Although that hour is a compensable hour of employment it is not compensable at overtime rates under 5 U.S. C. § 5542 because it is not in excess of 8 hours a day or 40 hours a week. 2. IRS employees who were allowed to travel to a shopping mall during their last regular duty hour, 3:45 p.m. to 4:45 p.m., and who waited there from 4:45 p.m. until the start of an overtime work assignment at 6:30 p. in., may not be paid overtime compensation for claimed waiting time. Compensable waiting time referred to in Federal Personnel Manual Supplement 990-2, Book 550, -subehapter Si-3b(2)(c)(iii), means time spent during periods of travel waiting to make connec- tions, such as at an airport, and not time spent awaiting the start of work at a place of temporary duty. Additionally, employees were not required to wait at mall until start of period of overtime work and the waiting time was not for agency's benefit. 3. Time spent by IRS employees traveling outside their duty station to a mall to perform 3 hours of overtime work, and the return trip, is noncom- pensable. The traveltime did not fall within the employees' regularly scheduled administrative workweek and there is no evidence that the travel met one of the four conditions set out at 5 U. S. C. § 5542(b)(2)(B). Mr. A. W. D'Amato, Director, Personnel Division, Internal Revenue Service (IRS), has requested our decision on the overtime compensation claim of Ms. Artis Holcomb, an IRS employee. Ms. Holcomb's claim is representative of others filed by similarly situated IRS employees.

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