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B-208203 1 (1983-02-03)

handle is hein.gao/gaobadkwk0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL. OF THE UNITED STATES WA8HINGTON. 0. C. 20548 FILE: B-208203 MATTER OF: DIGEST: DATE: February 3, 1983 Frances W. Arnold - Overtime Claim under the Fair Labor Standards Act 1. Where agency has failed to record overtime hours as required by Fair Labor Standards Act, and where super- visor acknowledges overtime work was performed, employee may prevail in claim for overtime compensation for hours in excess of 40-hour workweek on the basis of evidence other than offi- cial agency records. In the absence of official records, employee must show amount and extent of work by reasonable inference. List of hours worked submitted by employee, based on employee's personal records, may be sufficient to establish the amount of hours worked in absence of contradic- tory evidence presented by agency to rebut employee's evidence. 2. Where employee has presented evidence demonstrating that she performed work outside her regular tour of duty with the knowledge of her supervisor, the fact that agency sent her a letter directing that she not perform over- time work does not preclude her from receiving compensation under the FLSA for such work actually performed. Despite its admonishment, agency must be said to have suffered or permit- ted employee's overtime work since supervisor allowed employee to contin- ue working additional hours after employee had received, but had failed to comply with, agency's directive. 3. Under Fair Labor Standards Act, over- time is computed on basis of hours in excess of 40-hour workweek, as opposed to 8-hour workday. Additionally, paid absences are not considered hours 111 I

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