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B-205219 1 (1984-08-27)

handle is hein.gao/gaobadlwj0001 and id is 1 raw text is: 


                         ~THE COMPROLLER GENERAL
  DECISION      .. Op THE UNITEO STATES
                ;JIIAC     WASHINGTON. OC. 20648



  FILE:   B-205219              DATE: August 27, 1984

  MATTER OF:     Lee R. McClure, et al. - Claims for
                 FLSA Overtime
  DIGEST:

          1. Four Air Force employees claimed
              overtime compensation under the Fair
              Labor Standards Act (FLSA), but the
              Air Force denied payment in view of
              our prior decision denying the over-
              time claims of these employees.
              B-205219, March 15, 1982. However,
              in our prior decision, we considered
              and denied the employees' claims
              only under Title 5, United States
              Code. Thus, our prior decision does
              not bar the employees' entitlement
              to FLSA overtime. B-205219,
              March 15, 1982, clarified.

          2. Four Air Force employees claimed
              overtime compensation under the Fair
              Labor Standards Act (FLSA), and,
              after investigation, the Office of
              Personnel Management (OPM) issued a
              compliance order finding FLSA over-
              time compensation to be due. The
              Air Force refuses to follow the com-
              pliance order since, based on
              decisions of our Office, OPM does
              not have authority to adjudicate
              claims or settle accounts under the
              FLSA. Although we retain final
              authority to adjudicate claims or
              settle accounts under the FLSA, we
              hold that agencies may pay nondoubt-
              ful claims pursuant to OPM compli-
              ance orders without resort to a
              decision from our Office.



                           ISSUES

     The first issue in this decision involves the entitle-
ment of four employees to overtime compensation under the
Fair Labor Standards Act (FLSA) in light of a prior decision

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