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B-199673 1 (1981-06-15)

handle is hein.gao/gaobadjlm0001 and id is 1 raw text is: THE COMPTROLLE 0ENERAL DECISION OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-199673 DATE: June 15, 1981 MATTER OF: Guards at Rocky Mountain Arsenal - Overtime DIGEST: 1. Guards at Rocky Mountain Arsenal claim overtime compensation for time spent in drawing out weapons and equipment. Where record does not establish that duties required more than 10 minutes to perform, the claim may not be allowed under 5 U.S.C. § 5542. Preshift duties that take 10 minutes or less to perform may be disregarded as de minimis. 2. Guards claim they daily performed 15 minutes of preshift duties incident to drawing out weapons and equipment. Where agency has failed .to record over- time hours as required by Fair Labor Standards Act, part of claim may be allowed on basis that the record creates a just and reasonable inference that security guards reported to work an average of 7 1/2 minutes prior to guard mount. This matter is in response to a request for an advance decision by Mr. S. Brink, Finance and Accounting Officer of the Department of the Army, Rocky Mountain Arsenal (Arsenal), as to whether 74 former and present security guards at the Arsenal, are entitled to overtime compensation for their preshift activities. The guards in question claim entitlement to over- time compensation incident to their alleged performance of 15 minutes of preshift duties for which they have not been compensated. The claims of 65 guards were first received by our Claims Division on Apnil 16, 1979, the claims of 7 others on June 20, 1979, and the claims of 2 others on November 14, 1979, and February 12, 1980. Section 71a of title 31, United States Code, provides that every claim or demand cognizable by the General Accounting Office shall be forever barred unless received in this Office within 6 years after the date the claim accrued. We have held that the date of accrual of a claim for the purpose of the above-cited statute is to be regarded as the date the services were rendered 6,7JLL/S/ 7~ /I //11,6 eIxeSo7

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