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B-189782 1 (1978-02-03)

handle is hein.gao/gaobadfpc0001 and id is 1 raw text is: 2j~ 'A'T> DCSIDd\ THE COMPTAr2LLE GENIF-RAL S F THE UNITLD STATEB WASHINGTON . .C. 005 4 FILE: 1- MATTER 0 DIGEST: 1897P DATF: February 3, 1978 F' Department of Interior - Overtime Pay for Pre- vailing lA-te Employees Who Negotiate Their Wages 1, Section 9(b) of Puii. L. 92-302, August 19, 1972, 5 U.S.,C. § 5343 note, governing prevailing rate ?Imlploy ees, exempts certain wage setting pr ovisions of enrtain bargaining agreements from the operation of that law. However, bction 9(b) does not exempt agree- ment provisions from the operation of other iaws or provide independent authorization for agreement provisions requiring expenditure of appropriated funds not authorized by any law. 2. Department of interior questions whether it may pay overtime compensation to prervWling rate employeeti, who negotiate their wages, for work- free meal periods during overtime or alterna- tively for meal periods preempted by overtime work when employees are credited with an additional 30 minutes of overtime after they are released from duty. Under 5 U. S. C. § 5544, employees must perform substantial work during meal periods to be entitled to overtime compen- sation and no entitlement accrues after employees are released from work. V. Department of Interior questions whether it may pay prevailing rate employees who negotiate their wages at higher rate of pay than their basic rate (penalty pay) during overtime where a schedulkd meal period is delayed or preempted. In effect this added increment of pay during overtime would constitute a special type of overtime or overtime on top of overtime which is not authorized by 5 U. S. C. § 5544. An act which is contrary to the plain implication of a statute is unlawful although neither expressly forbidden nor authorized. Luria v. United States, 231 U.S. 9, 24 (1913). Hence, it may not be paid. 4. Department of :nterior questions whether it may pay prevailing rate employees who negotiate their wages overtime compensation at rates more than one and V

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