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B-206443 1 (1982-05-05)

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B-206443


MATTER OF:


DATE:


Computation


May, 5, 1982


of overtime due hostages


DIGEST:


Employees held as hostages in United
States Embassy in Iran re entitled
to be paid for overtime they would
have worked had they not bean taken
hostage, If prior to the takeover
t4e employees worked regularly sched-
uled overtime, for the peiriod of
internment, they are entitled to pay
consistent with overtime regularly
scheduled, For overtime which was not
regularly scheduled, the hostages are
entitled to overtime they would have
earned but for internment and, under
the circumstances of this case (i.e.,
takeover of Embassy and Internment of
all employees), the determination of
how much overtime they would have
worked is for Department of 3tate
to make.


     The question in this case is the appropriate method to
be used to determine the amount ,f overtime compensation due
the Government employees who were taken hostage at the United
States Embassy in Tehran, Ivan, in November 1979. Overtime
compensation should be paid consistent wiih the amount of over-
time the hostages would have earned but for their internment.
Under the circumstances of this case, the Department of Stare
may base the computation.on the average amount of overtime
earned by each hostage for the six pay periods immediately
preceding the seizure of the Fmbassy.

     Due to the unrest in Iran during the latter part of
1979, the work force at the United States Embassy in Tehran
was ceduced to a skeleton force. In order to accomplish
the required work of the embassy, the 3keleton force worked
more overtime than that worked by personnel at other United
States Embassies until the Embassy was seized by Iranians
on November 4, 1979.


     Deartment of State
of determining the amoun
held hostage, including


t personnel who are in
t of compensation due
over time compensation,


the process
the employees
are uncertain


VILE:

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