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B-198065 1 (1981-10-06)

handle is hein.gao/gaobadjub0001 and id is 1 raw text is: OECISION FILE: B-1 MATTER OF: DIGEST: THE COMPTROLLER ENERAL OF THE UNITED STATES WASHINGTON,. .C. 20548 DATE: October 6, 1981 Guards at Otis Air Force Base - Overtime Entitlement 1 !. Guards assigned to fixed posts who were required to report 30 minutes before beginning of their 8-hour shift and who were not afforded paid 30-minute duty- free meal break are entitled to overtime under title 5 of the United States Code and, after January 1, 1975, 30 minutes per day counts as hours worked under section 7a of the Fair Labor Standards Act (FLSA). They are entitled to the greater of their title 5 or FLSA entitle- ments. For such duty performed subse- quent to their reclassification as police officers, they are entitled to the greater of their title 5 overtime entitlement or their FLSA entitlement applicable to law enforcement personnel under which meal- time, duty free or otherwise, is counted as hours worked. 2. Where agency asserts that 30 minutes of title 5 overtime performed daily is subject to offset for 30-minute paid meal break, burden is on agency to prove that the meal period afforded was a duty-free period within the standards set forth in Baylor v. United States, 198 Ct. Cl. 331 (1972). Where agency has failed to record hours worked as required by Fair Labor Standards Act (FLSA), burden is similarly upon agency to prove that employees were provided duty-free meal break to offset hours worked under FLSA. For law enforcement personnel subject to section 7k of FLSA, all meal breaks, duty free or otherwise, are counted as hours worked. Mr. Edward J. Lewis and 23 fellow police security officers at Otis Air Force Base, Massachusetts, claim overtime pay for the period January 2, 1974, to August 30, 1977. They are represented by Mr. Edward Murphy, National Association of Government Employees. --)i / 98065

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