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B-198717 1 (1981-12-21)

handle is hein.gao/gaobadjyb0001 and id is 1 raw text is: - a - - qt . 6 6) DECISION FILE; B-198717 MATTER oFn Tr75 COMPTrJLLER UlONWRAL 1F THE UNITED 5TATIN WASHINGTON, 0,00, U54U Department of Entitlement to DATE& December 21, 1981 Energy Power Systems Dispatchers- i FLSA Overtime DISEE3T; 1. Department of Energy (DOE) questions retroactive entitlement of Power Syntems Dispatchers to overttme under Fair Labor Standards Act (FLSA), Em- ployees were considered exempt y prior agency (Interior) but determined to be nonexempt by DOF, in 1979, Retroactive payments based on DOE's determination of nonexempt status may be made to the extent Office of Personnel Management determines duties of dispatcher4 were nonexempt throughout retroactive period. Meat Graders, B-163450.12, September 20, 1978,r iiifEledt 2. Prior decision in Meat Graders, B-163450,12, September 20, 1978, is modif-ied to remove bar to retroactive payments of FLSA over- time where employee was erroneously clas- sified as exempt by employing agency and should properly have been nonexempt under published OPM guidance, However, where employing agency raises issue that there was a possible change In employees' duties over 5-year period, OP should determine status of employees for all of the retro-. active period in question and employees are entitled to retroactive pay only for such period they are properly in non- exempt status. Claims for retroactive payment are subject to 6-gear statute of limitations. See 31 U.S.C. SS 71a and 237. This decision is in response to a reqUest from Mr. Don W. Shinkle, Assistant Administrator for Management Services, Western Area Power Administration, Department of Energy (DOE). The issue in this decision is whether or not certain Power Systems Dispatchers employed by the Department of Energy are entitled to retroactive payment of overtime If I 9 L I I *1 ft a

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