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B-200112 1 (1981-12-21)

handle is hein.gao/gaobadjyh0001 and id is 1 raw text is: 

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DECISION


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B-200112


MATTER OF

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TH OCOMPTROLLER GENERAL
OF THU UNITED BTATBU
WACHIWGTON, Do0, 520548



      DATEI December 21, 1981


FAA Electronic Maintenance Technicians --
Retroactive FLSA Entitlement


3, Grade GS-12 Electronic Maintenance Tfich-
    nicians (EMT's)  mployedtby Federal
    Aviation Administration (FAA) were
    considered nonexempt under Fair Labor
    Standards Act (FLSA) in 1974 but were
    found to be exempt in 1976, FPMA sub-
    sequently changed designation to non-
    exempt incident to litigation, and
    Office of Personnel Management posed
    no objections to changed designation
    or retroactive entitlement,  Theze-
    fore, EMT's are entitled to payments
    under FLSA retroactive to 1974 since
    retroactive entitlement is based on
    different interpretation of exemption
    criteria rather than change in adminis-,
    trative regulations,


             2. Grade GS-12 Electronic Maintenance
                 Technicians employed by Faderal Aviation
                 Administration (FAA) were considered non--
                 exempt under Fair Labor Standards Act
                 (FLSA) in 1974 but no payments were made,
                 Although EMT's were found ex.qmpt in 1976,
                 subsequent determination in 1980 that they
                 are nonexempt permits retroactive entitle-
                 ,nent to 1974. Claims for retroactive pay-
                 mtnts are nubject to 6-year statute of
                 limitations which may only be tolled when
                 claims -re filed in this Office and not by
                 agency actions.
     This decision in in response to the request from
Mr. Donald H. Rock, Director of Personnel and Training,
Federal Aviation Adminstration (FAA), concerning the en-
titlement of certain Electronic Maintenance Technicians
(EMT's), GS-856-12, to retroactive payment for overttrme
under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et sea
(1976).


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