About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-198428 1 (1980-08-07)

handle is hein.gao/gaobadilv0001 and id is 1 raw text is: DEC FILE: MATT DIG EE 0%,LE Ft ISION . N IT~S B-198428 ER TH E COMPTROLLER GENERAL D .OF.,THE UNITED STATESe V VAS HINGTON, D. C. 2C548 DATE: August 7, 1980 OF: Curtis L. Davis and Daniel G. Sherlock 0(r Overtime compensation7- Traveltime 5 U.s.c. § 5542(b)(;T Customs Service inspectors who spent 30 minutes returning official vehicle to storage area after completing overtime assignment compensable under 19 U.S.C. § 267 claim additional overtime compensation under 5 U.S.C. § 5542(b)(2)(B)(iv) on basis that such ,traveltime was result of event which could not be scheduled or controlled administratively. However, record establishes that all travel performed in con- nection with claim took place within employees' defined duty station. Therefore, since travel was not away from official duty station it does not meet requirements of 5 U.S.C. § 5542(b)(2) for payment of overtime compensation for time spent in travel status. L. R. Byrne, an authorized certifying officer for the U.S. Customs Service, has requested an advance decision on the legality of paying overtime under 5 U.S.C. § 5542(b)(2) to two Customs Service inspectors for time spent in returning an official vehicle to the storage area after completion of an overtime assignment compensable under 19 U.S.C. § 267 (1976). Since the travel was not away from-their official duty station it does not meet the requirements of 5 U.S.C. § 5542(b)(2) for payment of overtime compensation. The administrative report states that Customs Inspectors Curtis L. Davis and Daniel G. Sherlock were assigned to enter an aircraft at Jacksonville Naval Air Station after their regular tour of duty on August 1, 1979. They utilized an official vehicle to travel from the dock location to the air station, both locations being within their official duty station. In this regard the record shows that the Customs Service has defined the Jacksonville port area as being the employees' official duty station and that all travel took place within the port area. Upon completion of the overtime assignment the two inspectors spent 30 minutes returning the official vehicle to the storage area at the dock office. Overtime compensation was paid under 19 U.S.C. § 267 for the work performed at the site.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most