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B-205348 1 (1982-11-23)

handle is hein.gao/gaobadkst0001 and id is 1 raw text is: TXZ CDMPTROLLER GEPJEERAL OF THE UNITEO STATES6 WASHItNGTON, D.C. 20548 1E3ECI B-205348 MATTER OF: L 117 = I : DATE: November 23, 1982 John L. Svercek, et al. - Bona Fide Meal Periods Under Fair Labor Standards Act The Office of Personnel Management has found that certain air traffic con- trol specialists who worked 8-hour shifts were not afforded lunch breaks. No lunch break was estab- lished and because of staffing shortages lunch breaks were either not taken or employees were frequently interrupted while eating by being called back to duty so that no bona fide lunch break existed. This Office accepts OPM's findings of fact unless clearly erroneous. Therefore, since the employees worked a 15-minute pre- shift briefing they are entitled to overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. , for hours worked in excess of 40 in a week as no offset for lunch breaks may be made. Mr. Don E. Hansen, Chief, Fiscal ,tandards Branch, Financial Systems Division, Office cf Accounting, Federal Aviation Administration (FAA), has requested our decision as to whether six FAA Air Traffic Control Specialists may be Paid overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. c 201 et sec. (1976). ?or the reasons which follow we hold that rhe employees may be compensated for overtime work under FLSA insorar as their claims are not barred by 31 U.S.C. § 71a (1976). BACKGRPOUND Mr. Hansen has for;,arded the claims of Messrs. John 7,. Svercek, George C. oencer, Stanley G. Johnston, Joseph G. Keller, WTllace F. Hamel and Arthur W. DeAifi for overtime corcensation for attending pre-djtv briefings prior to :he beginning of their scheduled shi-ts az FAA's Bicchdmton, New Yor:1 facility. These clizmis hai been investigated FILE:

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