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B-207694 1 (1983-06-09)

handle is hein.gao/gaobadldk0001 and id is 1 raw text is: ' . THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-207694 DATE: June 9, 1983 MATTER OF: Edward L. Jackson, et al. - Setoff for Meal Periods Under Title 5 and Fair Labor Standards Act DIGEST: 1. Lunch breaks provided officers of Library of Congress Special Police Force may be offset against preshift and postshift work which allegedly would be compensable under Title 5 of the United States Code. Although officers are restricted to Library premises and subject to call during lunch breaks, they are relieved from their posts of duty. Moreover, the officers have not demonstrated that breaks have been substantially reduced by responding to calls. Baylor v. United States, 198 Ct. Cl. 331 (1972). 2. Lunch breaks provided officers of Library of Congress Special Police Force may be offset against preshift and postshift work which allegedly would be compensable under the Fair Labor Standards Act (FLSA), 29 U.S.C. S 201 et. seg. The Library of Congress, authorized to administer FLSA with respect to its own employees, has found that the lunch breaks are bona fide-- although officers are required to remain on duty and subject to call, they are relieved from their posts during lunch breaks and the breaks have been inter- rupted infrequently. Since there is no evidence that these find- ings are clearly erroneous, this ,Office will accept the Library's determination that the breaks are bona fide.

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