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B-213886 1 (1984-10-02)

handle is hein.gao/gaobadlyg0001 and id is 1 raw text is: THE COMPTROLLER GENENIAL D6IIlON OP THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-213886 DATE: October 2, 1984 MATTER OF: Thomas A. Donohue, et al. - Overtime Compensa- tion for 12-hour Irregular Shift, - Two-Thirds Rule DIGEST: The two-thirds rule permits an agency to compensate employees under 5 U.S.C. S 5542(a)'for only 16 hours of a 24-hour tour of duty which includes substantial time in standby status, based on a presump- tion that the remaining 8 hours represent sleep and mealtime. However, this presump- tion, and hence the two-thirds rule, does not apply to shifts of less than 24 hours. Therefore, Federal firefighters who work an irregular or occasional overtime shift of 12 hours cannot be paid less than 12 hours of overtime compensation based on the two-thirds rule. However, bona fide meal periods may be excluded from compensable overtime hours. Mr. Conrad R. Hoffman, Controller, Veterans Adminis- tration (VA) has forwarded for settlement claims submitted by Mr. Guy Colletti, National Representative for the American Federation of Government Employees. The claims are by five firefighters at the VA Medical and Regional Office Center, White River Junction, Vermont (VA Center). The firefighters request a decision on whether the so-called two-thirds rule can be used to determine the number of compensable hours of work under section 5542(a), title 5, United States Code, for irregular overtime duty periods of less than 24 hours, specifically 12-hour shifts in this case. We conclude that use of the two-thirds rule for irregular overtime shifts of less than 24 hours is improper. The rule presumes the exclusion of sleep and mealtime from a shift of 24 hours or more; however, this presumption is not reasonable for shifts of less than 24 hours. Therefore, we return the claims for reexamina- tion and calculation by the VA of overtime pay under 5 U.S.C. SS 5542(a) (1982) for the 12-hour overtime shifts at issue.

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