About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-191156 1 (1978-06-05)

handle is hein.gao/gaobadgcm0001 and id is 1 raw text is: 61 DWCISION at, a t~o THE COMPTROLLER DEN EflAL OP THE UNITED ETATES WASHINGTON. 0. C. -054U FILE: B-191156 OATE: June 5, 1978 MATTEA OF: Erwin M. Hein, Jr. - Overtime Compensation DIGEST: Employee of Air National Guard who is p-rmitted to wear his uniform to and from work, may not receive overtime compensation for reporting to work early and staying later after work for the purpose of changing into and out of his uniform. L.1 letter dated December 19, 1977, Mr. Erwin M. Hein, Jr., has appealed the action of our Claims Division taken in Settlement Certificate of Decemter 7, 1977, which disallowed his claim for overtime rompensation allegedly due him for time spent changing into and out of his uniform, before and after his stbeduled hours cf work, as a civilian Air Thechnician, New York Air National Quard. Mr.. Heii based his oriCinal claim on the holding of Baylor v. United Stateu, 198 Ct. Cl. 331 (1972), wherein certain General ervices Administration unifcrmed guards were granted overtime com- pensation for time spent changing into and out of their uniforms, before and after their work shifts. While in both the Baylor case, and the instant case, the employees were required to report for duty on time, in the required work uniform, in Baylor, supra, the plaintiff guards were prohibited from wearing their uniforms to and from work. Our Claims Division disallowed the claim of Mr. Hein becaure he had the option of wearing his uniform to and from work, thus negating the claim Lhat he was required to report for work early in order to change into his uniform and to stay after work in order to change out or his uniform. The Settlement Certificate stated: It was stated in the Baylor case, at pages 346-7 that: 'All members of the guard for e were furnished with uniforms, caps, badges, and certain other necessary equipment, all of which items were Government property. Although the language of the regulations covering the wearing of uniforms contained in the 1952 and 1963 issues of the Handbook for Guards L I? I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most