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DECISION
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THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C .
20548
FILE: B-193352
OATE: March 27, 1979
MATTER
DIGEST:
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OF: Council and Washburn -Entitlement to
Overtime Pay]
Army hospital has two work shifts:
0500-1330 and 1100-1930. Employees on
1100-1930 shift, who periodically work
regular shift I day and 0500-1330 shift
`RNE aTTam overtime compensation
for work in excess of 8 hours. Defini-
tion of day for purposes of overtime
compensation is not limited to calendar
day but may be any 24-hour period. See
42 Comp. Gen. 195 (1962). Thus, since
Army agreed through negotiated agreement
to treat workday as 24-hour period from
start of shift, employees who work more
than 8 hours during 24-hour period but
not on same calendar day are entitled to
overtime compensation.
This action is in response to a request for an advance decision
from Lieutenant Colonel D. I. Walter, Finance and Accounting Officer,
Headquarters XVIII Airborne Corps and Fort Bragg, Department of the
Army, Fort Bragg, North Carolina, concerning a number of backpay
claims for overtime submitted by both Wage Board and General Schedule
employees (and former employees) of the Food Service Division,
Womack Army Hospital, MEDDAC, Fort Bragg, North Carolina. The issue
presented for decision is the entitlement to overtime pay of these
employees who frequently worked two 8-hour shifts within a 24-hour
period but not within the same calendar day.
The report from the Army states that over a period of several
years the Food Service Division scheduled its employees to an
early/late tour of duty involving two overlapping shifts, 0500 to
1330 and 1100 to 1930 daily. The report states further that approx-
imately four times per pay period, employees who worked the 1100 to
1930 shift one day would work the 0500 to 1330 shift the following
day. The Army forwarded to our Office two claims which are
apparently representative of other claims it has received. The
claim of Richard Council has been computed by the Army for the
period from 1971 to 1976 at an average of 25 hours of overtime per
pay period, while the claim of Betty L. Washburn has been computed
for the period from 1971 to 1976 at generally between 20 and 25
hours of overtime per pay period.
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