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B-199152 1 (1980-11-28)

handle is hein.gao/gaobadjbr0001 and id is 1 raw text is: DECISION FILE: B-199152 THE COMPTROLLER GENERAL OF THE UNITED STATES W A S-H ING TO N., 0. C. 2054 8 DATE: November 28, 1980 MATTER OF: Paul G Abendroth, et al. - Overtime claim for travejD DIGEST: 1. Three Navy employees who are nonexempt under Fair Labor Standards Act (FLSA) are entitled to over- time under FLSA for return travel from Scotland. Foreign exemption under FLSA is construed nar- rowly, and hours of work in covered area during same workweek will defeat foreign exemption. 2. Three Navy employees completed temporary duty in Scotland on Friday, the last day of their reg- ularly scheduled administrative workweek, and returned to United States on Saturday, a nonwork- day. Travel on nonworkday which is within 7-day workweek is compensable under Fair Labor Standards Act. Regularly scheduled administrative work- week is a concept under title 5, United States Code, and has no application to the FLSA. 3. Three Navy employees who performed temporary duty in Scotland returned to United States on Saturday, a nonworkday. Traveltime is not compensable as overtime under title 5, United States Code, under these circumstances. The issue in this decision is whether employees who are nonexempt under the Fair Labor Standards Act (FLSA) are entitled to overtime compensation for travel where they are returning from tem- porary duty at an overseas location. We hold that although they are not eligible for overtime under title 5, United States Code, they are entitled to overtime under the FLSA since the return travel within the same workweek defeats the foreign exemption under the FLSA. This decision is in response to a request from A. W. Countryman, Chief Steward, Federal Employees Metal Trades Council, Portsmouth Naval Shipyard, Portsmouth, New Hampshire. The request has been handled as a labor-management relations matter under our procedures I %(

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