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B-188089 1 (1977-10-31)

handle is hein.gao/gaobadffg0001 and id is 1 raw text is: mUs COMPTROLLER GONERAL DECISION *OF: P THE UNITED STATES AS-tamINOTON. 0. C. 20046 FILE: 8-188089 DATF: October 31, 1977 MATTER OF: Donald 8. Bordenkircher and Chester C. Jew - Overtime Compensation DIGEST: Two former employees of Agency for International Development performed voluntary overtime work in accordance with duty rosters issued by official with competent authority to order or approve overtime, and were respon- sible for obtaining replacements if unable to work as scheduled. In view of ;hese circumstances and since overtime was required by very nature and volume of work assigned and since nonperformance of such work could affect their performance ratings.. overtime was, in effect, ordered and employees are entitled to payment of overtime compensation under 5 U.S.C. 5 5542 (Supp. II, 1972). This decision is in response to a letter dated December 21, 1976, with cnclosures, from Mr. I. R. Ludacer, Assistant General Counsel for Enforcement, Agency for International Development (AID), Department of State, in which he seeks guidance with respect to the claims for overtime compensation by Messrs. Donald E. Bordenkircher and Chester C. Jew, former AID employees of the Office of Public Safety (OPS). The record discloses that Messrs. Bordenkircher and Jew and about 76 other employees were employed as duty of- ficers by the training Division (TO), International ?olice Academy, AID, in Washington, D.C. Mr. Bordenkircher's claim for 664 hours of overtime pay for services per- formed by him rLtside of normal working hours allegedly oc-urred on various dates within the period Eebruary 7, 1971, to July 21, 1973. The period during which Mr. Jew's claim arose was from July 11, 1971, to September 20, 1974, and the claimed overtime worked totals 629 hours. I I I '>2 C) 0,. 0 I I 'F. EL a' U I:. I

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