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B-189197 1 (1979-05-16)

handle is hein.gao/gaobadhfy0001 and id is 1 raw text is: DECISION C -~. C ~ ~ L ~ IT THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 / 0 1 FILE: B-189197 DATE: May 16, 1979 MATTER OF: James E. Sommerhauser - Sunday premium gay DIGEST: Employee's normal 40-hour basic workweek is Monday through Friday, midnight to 8 a.m., in an administrative workweek of Sunday through Saturday. His regularly scheduled administra- tive workweek includes daily overtime from 11 p.m., to midnight. Working this hour on Sundays does not entitle him to premium pay for the entire shift under 5 U.S.C. 5546(a), since that hour is considered overtime under 5 U.S.C. 5542(a) and 6101 and is thereby excluded. The fact that the employee is entitled to overtime for hours worked over 40 hours under the Fair Labor Standards Act does not operate to change the employee's normal basic workweek as estab- lished under 5 U.S.C. 6101 and implementing regulations. This action is the result of an appeal of a settlement of our Claims Division dated July 27, 1978, which disallowed the claim of Mr. James E. Sommerhauser for Sunday premium pay incident to his employment at the Puget Sound Naval Shipyard. ( Mr. Sommerhauser's contention is that, because he is covered by the Fair Labor Standards Act (FLSA) (29 U.S.C. 207), his overtime hours must be the last hours of his workweek. He believes that the first part of a workday and workweek which falls on Sunday may not be designated as overtime so as to preclude entitlement to Sunday premium pay. For the reasons given below we hold that an agency may designate hours or work other than the last hours of the work- week or workday as overtime hours for a computation of pay entitle- ment under title 5, United States Code. The regular third shift at the Shipyard is midnight to 8 a.m. However, when Mr. Sommerhauser and some other employees in his unit are assigned to that shift they are subject to the duty hours prescribed in a memorandum of the Head, Test Engineering Division, Code 2340, dated February 17, 1977. That memorandum desig- nates the Standard shift hours for Shift Test Engineers (STE's) as 11 p.m., to 8 a.m., and for Assistant Shift Test Engineers (ASTE's)

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