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B-186013 1 (1976-09-13)

handle is hein.gao/gaobadczm0001 and id is 1 raw text is: F$ILE:EA THE COMPTROL@-ER GENERAL becisioN OF THE UNITED STATES W ASHINGTON, D.C. 20548 SE~A 3 1976 FILE: B-186013 DATE: MATTEROF'r OF: Winton Lee Slade - Overtime Pay DI . GEST: In order to succeed ina claiz for overtime compensation, an employee must at least show that he was induced by his superiors to work beyond his normal working hours. If there is no more than a tacit expectation that an employee should work beyond his normal working hours, it is not sufficient to meet the requirement of 5 U. S. C. 5 5542, that overtime be officially ordered or approved. This matter arises from a request for reconsideration of Settlement Certificate Z-2573340, issued by our Transportation and Claims Division (now Claims Division) on July 24, 1975, which denied Mr. Winton Lee Slade's claim for backpay for work allegedly performed outside his normal 40-hour workweek. Mr. Slade was employed as a forester with the Forest Service of the United States Department of Agriculture, at the Stuart Nursery, Pollock, Louisiana. He claims overtime pay from 1964 until his retirement on December 31, 1973. In essence, Mr. Slade alleges that he performed various duties almost every day during the period of his claim, outside of, and in addition to, his normal working hours, for which he was not compensated. His total claim is for $158, 310. 92, for 10, 698 hours of alleged overtime. It is difficult to summarize the duties allegedly performed by Mr. Slade. He claims overtime for performing a multitude of duties all related to the work of a forest nursery. He alleges that he performed these duties at a uniform rate year round. Mr. Slade has presented no records specifically supporting his claims. He has not presented a diary or any other contempo- raneously prepared record documenting his claimed overtime. Mr. Slade has submitted approximately 20 signed statements from people who either work at or were otherwise associated with the Stuart Nursery during the period of Mr. Slade's claim. These statements are generally not specific, in that they do not give specific times and dates when Mr. Slade performed overtime work. b

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