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B-199474 1 (1981-04-02)

handle is hein.gao/gaobadjgx0001 and id is 1 raw text is: THE COMPTROL A ENAL DECSIO OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-199474 DATE: April 2, 1981 MATTER OF: Paul Spurr --[Overtime compensation under the Fair Labor Standards Act)-- 6-year Limitation Period DIGEST: 1. Employee filed FLSA complaint and Office of Personnel Management (OPM) issed a com- pliance order requiring agency to pay 30 hours overtime compensation per year re- troactive to May 1, 1974. Agency states that its records do not support award of 30 hours per year. GAO will not disturb OPM's findings unless clearly erroneous and the burden of proof lies with the party challenging the findings. Here, agency statement that it can not find travel vouchers to support OPM award does not satisfy burden of proof. Under FLSA, each agency is responsible for keeping adequate records of wages and hours. Once employee has provided suf- ficient evidence of hours worked, burden shifts to employing agency to come forward with evidence to contrary. 2. This Office has previously held that 6- year limitations period contained in 31 U.S.C. §§ 71a and 237 applies to claims arising under § 204(f) of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, 204(f) (1976). Thus, where agency appeals Office of Personnel Management (OPM) FLSA compliance order to this Office, the 6-year limitations period continues to run until claim is received in this Office. There- fore, any portion of award under OPM com- pliance order which accrued more than 6 years prior to filing of claim in this Office may not be paid. The Office of the Comptroller of the Army requests that we issue _an advance decision concerning the claim of Mr. Paul Spurr for overtime pay under the Fair Labor Standards Act>(FLSA).

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