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B-210722 1 (1983-12-27)

handle is hein.gao/gaobadlmh0001 and id is 1 raw text is: FPIM. ONClIION o'P THU UNITED STATES WA8HINOTON, 0. C. 20548 FILIE: B-210722 DATE: December 27, 1983 MATTER OF: Gerald A. Mendiola, et al. - Overtime Pay While Traveling DIQEST: 1. Three employees of the Naval Ship Repair Facility, Guam, were assigned to temporary duty at Bremerton, Washington. During their journeys to and from the temporary duty site, they spent approximately 50 hours traveling, but were paid for only 8 hours of that time. Employees are not entitled to overtime for such travel under 5 U.S.C. S 5542(b)(2)(B), since they did not meet any of the requirements of that statute. However, official who approved travel during nonduty hours should state his reasons in writing and, upon request, furnish a copy of his reasons in accordance with 5 C.F.R. S 610.123. 2. Three employees of the Naval Ship Repair Facility, Guam, were assigned to temporary duty at Bremerton, Washington. During their journeys to and from the temporary duty site, they spent approximately 50 hours travel- ing, but were paid for only 8 hours of that time. If these employees are non-exempt under the Fair Labor Standards Act (FLSA), and they worked 33 hours or more during their first week at Bremerton, they may be entitled to overtime pay for a portion of their trip to Bremerton because it corresponded to their normal tour of duty. There is no additional entitle- ment for the return trip, since they were already given credit for 8 hours of work during that journey. Mr. Juan P. Diaz, President, Local 1689, American Federation of Government Employees (AFGE) has requested a decision concerning claims for overtime pay by three employees of the U.S. Naval Ship Repair Facility, Guam. /O:/ VC.,

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