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B-207795 1 (1982-12-02)

handle is hein.gao/gaobadktg0001 and id is 1 raw text is: adof DECISION THE COMPTROLLER GENERAL OP THE UNITED UTATES WAUHINOTON, D.C 38054U FILE: B-207795 MATTER OF: OATEs Thomas a. Overtime December 2, Hickey- Claim for Compensation DIGEST: An FLSA exempt employee requests overtime compensation for travel during what would normally be his nonworking hours. Employee bases his claim on 5 U.S.C. 5542(b)(2)(B)(iii) which allows such compensation when travel is under arduous conlitions. Since long hours of travel on a commercial flight are not con- sidered arduous conditions, the claim must be denied. This action is in response to a request from Hr. R. G. Bordley, Chief of the Accounting and Finance Division, Office of the Comptroller, Defense Logistics Agency (DLA), for an advance decision concerning wh,.ther or not an employee may be paid overtime for travel out- side his regular duty hours for an extended period of travel. Mr. Thomas G. Hickey, an FLSA exempt employee, was assigned temporary duty (TDY) in Oslo, Norway, and Copenhagen, Denmark. Pursuant to his travel orders, the DLA Transportation Services Officer scheduled Mr. Hickey's flight departing the afternoon of Septem- ber 13, from Washington, D.C., to London, England. There, Hr. Hickey changed flights and proceeded to his final destination, Oslo, Norway, where he arrived at 11:30 a.m. local time, on September 14, after approxi- mately 13-1/2 hours of travel. On the return flight Mr. Hickey departed from Copenhagen at 5:30 p.m. local time and, after a stop in New York, arrived home in Washington at 11 p.m. the same day. Travaltime was approximately 10-1/2 hours. The agency appears to have acted in ac. ordance with the travel orders and applicable regulations. The official orders authorized flights in categories B, Y, or Z. Mr. Hickey's flights were category Z American carrier discount flights. Additionally, the flight from the United States to Oslo, Norway, was scheduled to coincide with the beginning of Hr. Hickey's TDY .status. t 4*- 1 - - S:, ~ 19W)

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