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B-198436 1 (1980-10-09)

handle is hein.gao/gaobadipq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DEC SIMl . OF THE UNITED STATES WASHINGTON, D. C. 20548 LN. ITEO FILE: B-198436 MATTER OF: DIGEST: DATE: October 9, 1980 Special Police Officers, Water and Power Resources Service -bunday premium pay Special Police Officers of Water.and, Power Resources Service are not entitled to Sunday premium pay for work performed on Sundays that was not within their of- ficially scheduled workweek as established by appropriate agency authority. Employ- ees official hours were 12 midnight to 8 a.m. Monday, but they worked unofficial hours of 11:30 p.m. Sunday to 7:30 a.m. Monday. The unofficial hours do not satisfy criteria of regularly scheduled work required by 5 U.S.C. § 5546(a) governing Sunday premium pay because such hours were not authorized by appropriate agency officials. See regulations cited. The Regional Director, Lower ColoradsxRegional Of- fice, Water and Power Resources Service, Department of the Interior, has requested an opinion of this Office on whether Special Police Officers assigned to the Security Division, Lower Colorado Dams Project Office, are entitled to Sunday premium pay under 5 U.S.C. § 5546.(a) in circumstances where a dispute exists regarding officially ordered and approved work schedules. For the reasons which follow we conclude that the employees in question are not entitled to Sunday premium pay since the unofficial hours actually worked do not satisfy the criteria of regularly scheduled work required by 5 U.S.C. § 5546(a)(1976). Entitlement of an employee to Sunday premium pay is governed by 5 U.S.C. § 5546(a) which provides: § 5546. Pay for Sunday and holiday work (a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is per- formed on Sunday is entitled to pay for the

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