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B-202859 1 (1982-04-06)

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B-202859


OATE;


April


6, 1982


Bruce Mandell -- Overtime Compensation
thie Fair Labor Standards Act
The Office of Personnel Manage-
ment (OPM) issued couwpliance order
requiring Army to pay overtime
compensation under Fair Labor
Standards Act 29 U.S.C. 5 201 et
seq., to employee who worked Lor
Army An both civilian and mili-
tary reserve capacity. GAO will
not disturb OPI's findings that
employee did perform work in his
civ?.lian capapity as such .nding
is not clearly erroneous and
burden of proof lies with party
challenging findings.

Claim for overtime compensation
under either title 5, U,S. Code, or
Pair Labor Standards Act, 29 U*S.C.
S 201 et seq., accrues at the time
overtime is performed and will be
barred by the limitation provi-
sions of 31 U.S.C, 5 71a unless
filed in this Office within the
6-year statutory period.


     This is in response to
decision submitted by the Ex
for Finance and Accounting,
requost seeks our decision r
compliance order issued by t
agement (OPM) pertaining to
(FLSA) overtime claim of Mr.


under


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a request for an advance
(ecutive, Assistant Comptroller
Department of the Army. The
regarding the validity of a
he Office of Personnel Man-
a Fair Labor Standards Act
Bruce Mandell.


     The record shows that from 1974 to 1978, Mr. Mandell
worked for the Army in the dual status of a civilian em-
ployee and a reservist with the 340th Military PoV.ce
Company. In his complaint seeking compensation foc over-
time, Mr. Mandell alleged that for one day each wee:, from
May 7, 1974, to August 29, 1978, he worked 5 hours in
excesu of his normal 8 hour workday. He aluo stated that


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