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B-182231 1 (1975-07-10)

handle is hein.gao/gaobadixs0001 and id is 1 raw text is: 4Jj ~THE COMPTROLLER GENERAL DECISION f-' OF THE UNITED STATES WASHINGT O N. D.C. 2054B FILE: DATE: JUL 1 0 1975 B-182Z3I. MATTER OF: Shirley N, BinO= Overtime compensation DIGEST: I* Employee alleged that ahe was comipelled to perform substantial amunts of overtimo because her superiors assigned her au abnormal ar1:load. Her claim is denied since she failed to show the work was ordered or induced by an official uho had authority to order or approve overtime and failed or refused to do so. 2. Although rair Labor Standards Act of 1938 has been amended to apply to Federal employees, professional e:ployees are emxempted from application of the overtime provlsions of t-is Act* 29 U.SC. 213(a)(1) (1970). This decision is in response to a request for a reconsideration of the disallowance by our Transportation and Claims Division (TCD) of a claim submitted by ShLriey N. Dinglmia, an ea-loyee of the I-ational Labor Relations Board ( iL'), for overtime corpesation. Ks. Dingham states that since July I, 1970, she served as a Com- pliance Officer, an attorney position, in District 23 of the National Labor Rlations Board. She contc-nds that, although she was not explic- itly ordered to work overtime eiter orally or in writing, she had no alternative but to do so in order to retain her position il good stand- ing. She states that position cutbacks, a heavy case load$ lack of instruction in duties, and lack of orderly office procedures were fac- tors underlying the circuastances which compelled her to perform over- time Dork. She further states that she was prohibited from referring her probleas *,hich caused her to work overtime to the Regional Director by the Regional Attorney. TCD, in Settlent Certificate Z-2137042, July 15, 1974, disallo-wed the clam because the overtime work was nei- ther authorized or approved as requirod by 5 U.S.C. 5542 (1970). Ms. Dinghm ha implied that recent amendments to the Fair Labor Standards Act of 1938,. 29 U.S.C. 201-219 (1970), by the Fair Labor PUBLISHED DECISION 55 Camp. Gen ..........

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