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B-191561 1 (1978-10-03)

handle is hein.gao/gaobadgln0001 and id is 1 raw text is: ED W£2 1 13 I -1' il U )IT IC 13 TAT E F1 ; c' P4 Li . ; I. 0 Ij . 0 .C'. .2 03 Ed I LI FILE. B-19 P/ATTER D DIGEST: 1561 DATE; October 3, 1978 I: Meat and Poultry Inspectors - Pay for Friday Hours Worked When Iloliduy Falls on Saturday 1. Employees regularly scheduled to work 4 hours on Friday were entitled to holiday premium pay only for thn hours they worked (4 hcurs) ou he iridays before Christmas of 1976 and New Year's Day of 1977 which fell on Saturdays. 2. Employees scheduled to work 8 hours on Friday,'a holiday, are entitled to holiday premium pay only for chose hours zemaining in Lhe basic workweek and to overtime pay for those hourz worked' 'in excess of the basic workweek on the Fridaye before Christmas of 1976 and New Year'i Day of 1977. This action is in iesponse to a request from Mr. Charles A. Bucy, Acting Deputy Asafstant Secretary for Administration, Depart- ment of Agriculture, for a decision as to the number of hours of pay certain employees of the Heat and Poultry Inspection Programs (SPIP) are entitled to for the holidays of Christmas, December 25, 1976, and New Year's Day; January 1, 1977. These holidays fell on Saturdays and were observed on the preceding Fridays pursuant to 5 U.S.C. 5 6103(b) (1970). The employees involved herein were on a nonstandard tour of duty. They inspected comnercial establishments which have differ- ent hours of operations based upon various vactors, including locations, market considerations, and availability of labor. Decause inspectors were provided by NIP at unusual hours, a stand- ard tour of duty was then considered impractical for the inspectors. The basic workweek of thelinspectors began when they first commenced work during the adminisZrative workweek, even if such work commenced at an hour or on a day not normally worked and 4t it was for less than 8 hours. Such work was compensated at base pay rate, or night, Sunday or holiday rate as appropriate. They were not, however, placed on a first forty hours tour of duty under 5 U.S.C. § 5542(a). Any work performed in excess of d hours in a day or 40 hours in a week was treated as overtime under 5 U.S.C. 5 5542(a) (1970). The agency states that the inspectors were placed on a standard tour of duty in 1977 and therefore.the problem should not recur. L K I I 4. I I V I

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