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B-193068 1 (1984-04-25)

handle is hein.gao/gaobadlqy0001 and id is 1 raw text is: OECISION FILE: B-193068 MATTER OF: J a DIG=EST: THE COMPTROLLER GENERAL OP THE UNITED STATED WAS H I N QTO N, 0.C. 120548 DATE: April 25, 1984 ames Barber, et al. - Night Differential nd Sunday Premium Pay Entitlement WVW DW w 1. Night differential under 5 U.S.C. § 5545(a) may not be paid to employees who worked occasional overtime at night during a regularly scheduled tour of duty, but not their own, on or after February 28, 1983. Effective that date, regulations implementing 5 U.S.C. S 5545(a) limit the payment of night differential for regularly scheduled work to nightwork performed by an employee during his own regu- larly scheduled administrative work- week. See regulations cited. 2. Night differential under 5 U.S.C. § 5545(a), as interpreted by decisions of this Office, may be paid to employ- ees who worked overtime at night during a regularly scheduled tour of duty, but not their own, prior to February 28, 1983. Implementing regu- lations effective on that date which limit the payment of night differen- tial for regularly scheduled work to nightwork performed during an employ- ee's own regularly scheduled adminis- trative workweek will not be applied retroactively since, in the absence of obvious error, regulations may be amended to increase or decrease rights on only a prospective basis. 3. Employees who performed work on Sundays in addition to their basic 40-hour workweeks and who were paid overtime compensation for the additional hours are not entitled to premium pay under 5 U.S.C. S 5546(a), which authorizes such pay only for nonovertime hours worked on Sundays. I@ OILI

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