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B-163450.12 1 (1978-09-20)

handle is hein.gao/gaobadgjb0001 and id is 1 raw text is: I; '1 B-163450.12 DATE: September 20, 1978 MATTER C DIGEST: ,F: Department of Agriculture Meat Graders--Travel Time Under Fair Labor Standards Act 1. Since the Civil Service Commission is designated by law to administer the Fair Labor Standards Act (FLSA) with respect to most Federal employees, great weight will be accorded the Commissiona administrative determinations as to employees' entitlements under the FLSA, How- ever, since the Commission was not given authority to settle or adjudicate claims arising under the FLSA, the General Accounting Office retains juris- diction to finally decide the propriety of payment on such claims. 29 U.S. C, § 204(f) (Supp. IV, 1974) and 31 U. S. C. 5 71 (1970). 2. The Civil Service Commission made an initial determination on May 15, 1974, that Department of Agricultitre mear gradei a in grade levels GS-7 through 9 were employcd in an administrative capacity and were therefore exempt from the overtime employment provisions of the FLSA, but subsequently reversed that initial determination on July 6, 1976, after a careful reevaluation of the matter. The meat graders are entitled to the benefits of the FLSA overtime provisions from and after July 6, 1076, but are not entitled to retroactive coverage for prior periods when they were classified as exempt from those provisions by the Commission. 20 U. S. C. §S213 (Supp. IV, 1974). 3. Civil Service Commission's determination that meat graders employed by the Department of Agriculture are entitled to compensation under the FLSA for their time expended in having to transport 94 pounds of essential work implements between their homes and work sites before and after their regular duty hours, but that the carrying of 20 pounds of hand tools in like circumstances would be noncompensable, is neither erroneous in fact nor contrary to law. 4. Payment may issue on claim submitted by a Depart- ment of Agriculture meat grader for compensation under the LSA for time expended after July 6. 1976, 4q% j.THU COMPTAROLL~f ERJBMNAL DECISIO OF THE UNITED STATES 1WASHINGTON, 0.0.. 20540 FILE:

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