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B-200354 1 (1981-12-31)

handle is hein.gao/gaobadjzl0001 and id is 1 raw text is: B-200354 LflSCISION4 /I / WASHINGTON, D.0-, 2Ot4S0 DATE: Ilc er 31, 1981 MATTER DIOES7;r OF: Civilian Nurses - Overtime and Sunday Premium Pay Entitlement 1. An employee's entitlement to overtime compensation may be based on either title 5, US.c,, or the Fair Labor Standards Act (FLSA), 29 U,..c § 201 et seq., or both. Employcei to whom bth laws apply are entttled to overtime compensation under whichever one of the laws provides the greater benefit, 2. Civilian nurses who received 30-minute duty-f ree lunch break during 8-hour and 15-minute shift are not entitled to overtime compensation under either title 5 or the Fair Labor Standards Act. The duty-free lunch period should be set off against the shift schedule resulting in an actual working time of 7 hours and 45 minutes. 3. Although the practice was stopped in November 1976, civilian nurses received compensation for 30 minutes of overtime when they worked through their lunch breaks. In actuality, they worked only 8 hours and 15 minutes and therefore would have been entitled to only 15 minutes of overtime. If the amounts now payable to the nurses by way of additional overtime compensation and Sunday premium pay exceed the over- payments to the nurses, collection of the indebtedneen by way of offset would not be against equity or good conscience or against the best interests of the United States. However, if the indebted- ness exceeds the amounts now payable, any such overpayments should be considered for waiver under 5 U.S.C. § 5584. COMPTROLLI2O ENEIAL THE UNIT D STATES THE OF FILEi

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