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B-208628 1 (1982-11-16)

handle is hein.gao/gaobadksq0001 and id is 1 raw text is: Cif'. / 0 THE COMPTROLLER GENERAL O[ECISION • A)O F THE UNITED STATES WASHINGTON. D. C. 2054B FILE: B-208268 DATE: November 16, 1982 MATTER OF: Jon Clifford, et al. - Claims for Retroactive Overtime Under FLSA DIGEST: 1. Army disputes entitlement of recruiting specialists to retro- active overtime payments under Fair Labor Standards Act (FLSA). Where employees were considered exempt by agency in 1974 but Office of Personnel Management ruled otherwise in 1979, employees are entitled to over- time pay retroactive to 1974, subject to the 6-year statute of limitations. The statute of limitations is tolled only by filing claims in this Office. 2. Army questions sufficiency of evidence to support retroactive claims of overtime under FLSA. In the absence of official records, employee must show amount and extent of overtime by reasonable inference. Once employee has met the burden of proof, the burden shifts to the agency to rebut the evidence. The issues in this decision involve the entitle- ment of 17 civilian employees of the Army to retro- active payments for overtime under the Fair Labor Standards Act (FLSA). We hold that the employees are entitled to retroactive payments based on a determi- nation by the Office of Personnel Management over- ruling the agency on their exemption under the FLSA. These claims are subject to a 6-year statute of limitations and, in the absence of official records, these claims must be supported by substantial evidence as provided by the employees, subject to rebuttal by the agency. 0013 Y I I Ct cl -3 ('

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