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B-201789 1 (1981-10-20)

handle is hein.gao/gaobadjvh0001 and id is 1 raw text is: DECISION B-201789 MATTER OF: i ILI.. I: THE COMPTPOLLER 0ENERAL OF THE UNITED TATEB WASHINGTON, 0. C. 20548 DATE: October 20, 1981 Customs Inspector5- Entitlement to overtime compensation.. Under Customs overtime provision at 19 U.S.C. § 267 Customs inspector who worked 8-1/4 hours on Sunday was paid 2 days' extra compensation for Sunday work of up to 8 hours. He is not entitled to additional overtime compen- sation under 19 U.S.C. § 267 for 15-minute period he worked in excess of 8 hours on a Sunday. Regulations at 19 C.F.R. 24.16(g) require employee to perform overtime services of at least 1 hour to be entitled to overtime compensation under 19 U.S.C. § 267. This action is in response to a request for an advance decision by Mr. William T. Archey, Acting Commissioner of Customs, as to whether Customs Inspectors who perform services in excess of 8 hours but less than 9 hours on a Sunday or holiday are entitled to receive an extra 1/2 day's pay for overtime work in addition to 2 days' pay for services performed for up to 8 hours on such days. The Commissioner advises that this matter arises out of a claim for overtime compensation under 19 U.S.C. § 267 for work performed in excess of 8 hours on a Sunday. The submission states that on Sunday December 11, 1977, the inspector worked from 1:00 p.m. to 2:00 p.m. and from 8:45 p.m. to 9:15 p.m. which is considered a continuous period of 8-1/4 hours under the Customs Service overtime compensation regulations. On another occasion, Sunday, October 22, 1978, he commenced work at 6:00 a.m., and including waiting time, completed his assignment at 2:15 p.m., a continous period of 8-1/4 hours for Customs overtime purposes. On each occasion the inspector received the extra 2 days' pay provided under 19 U.S.C. § 267 for Sunday work plus overtime compensation under such provision in the amount of 1/2 day's pay for the 1/4-hour period worked in excess of 8 hours. The Customs Service later determined that the employee was not entitled to overtime compensation for the time he worked in excess of 8 hours on each Sunday. I / FILE:

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