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B-214880 1 (1984-09-25)

handle is hein.gao/gaobadlxq0001 and id is 1 raw text is: 


                           TH-E COMPTROLLEF1 GENIERAL
  DECISION                 O. l OF THE UNITED STATES
                           WASHINGTON, D.C. 20548




  FILE:   B-214880               DATE:   September 25, 1984

  MATTER OF:     Emma H. Welsh


  DIGEST:

     With the knowledge of het supervisors an
     employee voluntarily performed extra work at
     home in an effort to reduce a backlog of
     unprocessed travel vouchers. She is
     entitled to overtime pay computed under the
     Fair Labor Standards Act because her super-
     visors suffered or permitted the overtime
     at home. Since they did not induce her to
     work at home, she is not entitled to the
     greater amount of overtime compensation
     claimed under 5 U.S.C. § 5542, which requires
     that overtime be officially ordered or
     approved.

     Emma H. Welsh, an employee of the Department of Energy,
is entitled to overtime compensation computed under the Fair
Labor Standards Act (FLSA), 29 U.S.C. SS 201-219, for work
outside regular duty hours performed with the knowledge of
her superiors. Her claim for additional amounts computed
under 5 U.S.C. S 5542 is disallowed.

     The claim submitted by Ms. Welsh covers the period from
July 23., 1979, to August 24, 1980, during which time she was
employed by the Department of Energy in the Payroll and
Travel Operations Branch. The record indicates that during
this period she performed work at home in an effort to
reduce a backlog of unaudited travel vouchers. There is no
dispute as to the fact that Ms. Welsh performed the work in
question. In fact, the Department has accepted her documen-
tation as showing that she performed 833 hours of additional
work at home and found that she was entitled to overtime
compensation of $8,135.57 under the FLSA. This determina-
tion is based on the Department's finding that Ms. Welsh's
superiors suffered or permitted her performance of the
additional work within the meaning of 29 U.S.C. S 203(g).

     Ms. Welsh claims that her superiors did more than
suffer or permit her to work at home and she claims
entitlement to compensation in excess of the amount deter-
mined to be due her under the FLSA. Specifically, she
claims that the overtime work was officially ordered or


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