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B-213012 1 (1983-11-03)

handle is hein.gao/gaobadlka0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION W711.... OF THE JNITEO STATES WAS H INGTO N. 0. C. 120548 FILE: B-213012 DATE: November 3, 1983 MATTER OF: Jose Najar, et al. - Customs Inspectors - Overtime Compensation During 8-1/2-Hour Shift DIGEST: Customs Inspectors in El Paso, Texas, who previously worked 8-hour shifts claim over- time for 26-month period they worked 8-1/2-hour shifts. Based on the record before our Office, we conclude the plaintiffs are entitled to overtime where the agency has failed to establish that plaintiffs had a duty-free lunch break which may be offset against their claims. The agency failed to meet its burden of proof that a duty-free lunch period was established during the 8-1/2-hour shift where none existed during the 8-hour shift. It appears that lunch periods were scheduled and taken in the same manner when the 8-1/2-hour shift was in effect as when the 8-hour shift was used. This decision is in response to a request for an opinion from the United States District Court for the Western District of Texas, El Paso Division. Pending before the court is a class action lawsuit seeking overtime compen- sation for U.S. Customs Service Inspectors working at the El Paso, Texas, port of entry' during the period from January 3, 1977, until March 4, 1979. National Treasury Employees Union, et al. v. United States, et al., No. EP-83-CA-7 (filed Jan. 14, 1983). The court has issued a stay of the proceedings pending our opinion on the entitlement of the plaintiffs to overtime compensation. ISSUE The issue in this decision is the entitlement of certain Customs Service Inspectors, including Jose Najar, to overtime compensation during a scheduled 8-1/2-hour workshift. Based on the record before ds, we hold that the Inspectors are entitled to overtime compensation where the agency has failed to establish that the Inspectors received a 1/2-hour, duty-free lunch break which might be offset against their overtime claims. fwil

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