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B-213179 1 (1984-10-02)

handle is hein.gao/gaobadlyd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECI8ION OP THE UNITEO.UTATEU WASHINGTON. O.C. 2054U FILE: B-213179 DATE: t0ober 2, 1984 MATTER OF: Plum Island Animal Disease Center - Sleep and Meal Periods Under Fair Labor Standards Act DIQEST: 1. Since -the Office of Personnel Management (OPM) is authorized to administer the Fair Labor Standards Act (FLSA) with respect to most Federal employees, great weight will be accorded to OPM's admin- istrative determinations as to entitle- ments under the Act. However, since OPM was not given authority to settle or adjudicate claims arising under the FLSA, the General Accounting Office retains jurisdiction to finally decide the propriety of payment on such claims. 2. Between February 2 and February 12, 1977, employees worked 24-hour shifts because of adverse weather conditions. The Office of Personnel Management (OPM) determined that the shifts consisted entirely of on-duty time qualifying for overtime compensation under the Fair Labor Standards Act, but that 8 hours of sleep and mealtime must be deducted from each shift. We hold that the employees are entitled to compensation for sleep and mealtime for the 10-day period in question because, at the time the employees' claims accrued, there were no OPM regulations or instructions provid- ing a basis for deduction of sleep and meal time from irregular or occasional overtime hours worked. The American Federation of Government Employees, Local 1940 (AFGE), on behalf of 56 former and current employees of the Plum Island Animal Disease Center, Science and Education Administration, U.S. Department of Agriculture,l/ appeals 1/ Hereafter, sometimes referred to as Plum Island or as the Center.

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