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B-195155 1 (1980-02-07)

handle is hein.gao/gaobadjbf0001 and id is 1 raw text is: DECISION FILE: B-195155 THE COMPTROLLER GENERAL OF THE UNIT-ED STATES WASHINGTON. D, C. 20548 DATE: February 7, 1980 MATTER OF: Marion D. Murray DIGEST: Nonexempt employee under Fair Labor Standards Act performed overtime during summer in exchange for compensatory time. Civil Service Commission made determination that employee is entitled to payment of overtime under FLSA; payment is proper with offset of the value of compensatory time granted. Since supervisor did not have authority to order or approve overtime, there is no entitlement to compensatory time under title 5, United States Code. Erroneous payments of compensatory time not used as offset may be considered for waiver under 5 U.S.C. 5584. Mr. Arthur H. Nies, Acting Deputy Director, Administrative oL6C; Management, Science and Education Administration, United States 2D5-Department of Agriculture, requests a determination as to whether Mr. Marion D. Murray, an Agricultural ResearchTeclhician with the Department's Agricultural Research Service in ColumbiaI- 6o Missouri, is entitled to the payment of overtime compensation/ for hours of work performed 'uring the period from 1966 to 1 96. The submission involves a review of the determination by the United States Civil Service Commission (Commission) (now the 5-5Office of Personnel Management), that Mr. Murray is entitled to overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. (1976). The agency questions the propriety of the Commission's findings. The record shows that from 1966 to 1976, Mr. Murray was called upon by his immediate supervisor to perform overtime work, as necessary, for approximately 8 weeks each year during the summer growing season. Mr. Murray and his im-mediate supervisors Drs. Coe and Doyle, agreed that Mr. Murray would be allowed an hour off as compensatory time for each hour of overtime. The agency states that neither Dr. Coe nor Dr. Doyle had the authority to order or approve overtime work during the periods in question. We have been informally advised that the administrative officers vested with the authority to order or IX15Og

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