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B-207446 1 (1982-11-10)

handle is hein.gao/gaobadkse0001 and id is 1 raw text is: FILE: B-20744 MAATTER OF: DIGEST, ! ...... /1'e •~~~~~~ ,--I. N' 3:o, T 0 N 13 r-. - r2- 0 5 0f d', O .. 6 DATE- November 10, 1982 Jacquelyn D. Cruce and Christopher F. Perry Two nonexempt employees of the Department of the Interior earned overtime for travel under the Fair Labor Standards Act, 29 U.S.C. 201 et seq., but not under title 5, United States Code. Agency attempted to grant compensatory time off in lieu of paying overtime due to a need to conserve available funds. Since there is no authority foz granLin; cmcnatory time off L1nder the Fair Labor Standards Act where entitlement to overtime pay accrues solely under the Act, a need uo conserve funds does not serve as a basis to permit the granting of compensatory time off in lieu of paying the overtime compensation due. Matter of Barnitt, 58 Comp. Geni. 1 (T978) distlnhgished. An Authorized Certifying Officer, Department of the iiterior, reqjuests a decision on the propriety of granting~ cr: e.....to,2 time off in lieu of payin. over- time com e'u-.tion to zwo ezp-loyees, Ms. Jacquielvn D. Cruc~e ana h. r-isopher F. Perry, under the p-ovi- sions of tn; Fiir Labor Standards Act, 29 U.S.C. 201 et seq. Ms. Cruce and Mr. Perry are nonexem'pt employees and both are entitled to overtime pay under the Act as the result of having pe-for, ed official travel. Neither employee is entitled to overtime pay under title 5, United States Code, because the circumstarices of their travel meet none of the criteria of 5 U.S.C. 5542 under which time in a travel status may be compensated as overtime hours of worK. In order to conserve funds, each of tbeir supervisors, with the ccncurcence of The employee in 10X3c10

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