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B-201648 1 (1981-12-08)

handle is hein.gao/gaobadjxi0001 and id is 1 raw text is: STHsUOMPTROLLERONERAt, DE1CISION OF THE UNITED U TATES SWASHINOTON, O,0o, 101546 FILE B-201640 DATE; December 8, 1981 MATTE-R OF: Mary Joyce Lynch and Darlene I. Drozd - Entitlement to Overtime Pay for Travel to Training - Fair Labor Standards Act DIGEoTn 1. Two Army employees, nonesempt under the Fair Labor Standards Act (FLSA), were authorized privately owned vehicle use as advantageous to the Government. They drove to temporary duty station on a Sunday and returned on a Saturday, their nonworkdays. The employees are entitled to credit for hours of work under VLSA for time they spent driving. The Army allowed employees to echedule travel and may not subsequently defeat employee's entitlement to overtime compensation by stating that travel should not have been scheduled in the manner the employee chose. 2. Employees who travel as passengers on their nonworkdays during hours which corre- spond to their regular worin hours, are entitled to have such traveltime credited as hours of work under FLSA. 3. Fact Ehat employees are not entitid under 5 U.S;C. §5542 to overtime compeniation for certain traveltime has no bearing on whether they are entitled to overtime under the Fair Labor Standards Act, FLSA. Where FLSA provides an employee with a greater pay benefit than that to which he is en- titled under 5 U.S.C. § 5542, the employee is entitled to the FLSA benefit. This decision is at the request of Captain R.&. Freckleton, Finance and Accounting Officer for Fort Indiantown Gap, Annville, Pennsylvania. It con- cerns the entitlement of two Department of the Army etployees to overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et se

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