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B-180927 1 (1976-08-20)

handle is hein.gao/gaobaddhg0001 and id is 1 raw text is: J. . -It R r, THE COMPTROLL:iR GENERAL DECISION * OF THE UNITED STATES WASHINGTON, D.C. 20548 'Q39 FILE: DATE: 14 MATTEF -9T_7 Mr. Arthur H. Easter * Overtime compensation DIGEST: Where an encloyee of the Veterans Administration Hospital is assigned to standby duty s Administrativo Officer of the Day, and such duty basically entails being available to enswer official telehone calls in his cwn residence, the emoloyee is not entitled to overtime comoensation for periolis of standby duty since such duty does not constitute hours of work as required by law. This is a reeuest for reconsideration of the action taken in Settle- ment Certificate of December 13, 1973, issued 1by our Trananortation and Claims Division diallcwia- the claim of Mr. Arthur It. Easte:r for over- the comensation al1eged to be due from January 1969 throu-a October 19*'0 for periods in ;:Wkea he was on standby duty as Administrative Officer o~f the Day (AD) incident to e w.oyment with the Veterans A ainistration (VA) Ios-pital at Los Ameles, California. The record reveals that Mr. Easter was periodically scheduled on the ADD roster of the VA hosoital at Los Angeles. While assigned to AOD duty, clhim.nt was remired to be available at his rezidence to answer only eiergency calls irom 4:45 p.m. to 6 a.m. on weekdays and from 8 a.m. to 8 a.m. on Saturday, Sunday and holidays. Overtime compensation is claimed for the periods when assigned to ACD duty. Premium pay for overtime standby duty is authorized under 5 U.S.C. 5545 and by Civil Service Regula- tiona (5 CFR 550.141) isolementing the statute if certain conditions are satisfied. 5 U.S.C. 5545(c) provides in pertinent part as follovs: (c) The head of an agency, with the awproval of the Civil Service Ccumnicsion, may proviae tua- (1) an employe in a position requiring him regularly to remain at, or within the confines of, his station during longer than orainary perious of duty, a suasrantial part of which consists of remaining in a standby status rather than perform- ing work, shall receive premium pay for this duty on an annual basis** ** (Emhasis added.)

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