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B-221088 1 (1986-09-11)

handle is hein.gao/gaobadmlp0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 2058 Decision Matterof: John B. Cleveland - Overtime Compensation - Travel- time to and from Duty Station File: B-221088 Date: September 11, 1986 DIGEST 1. A former employee claims entitlement to overtime com- pensation for the period November 12, 1975, to November 12, 1982. The claim was received in the General Accounting Office (GAO) on December 1, 1982. Since 31 U.S.C. § 3702(b)(1) (1982) bars consideration of a claim presented to the GAO more than 6 years after the date the claim accrued, that portion of the claim arising before December 1, 1976, is barred and may not be considered on its merits. 2. A former employee claims entitlement to overtime com- pensation under title 5, U.S. Code for the period November 12, 1975, to November 12, 1982. The claim, which was received in the General Accounting Office on December 1, 1982, is not barred from consideration for the period after December 1, 1976. However, the earlier disallowance of the claim is sustained. Employee was allowed to commute in Government vehicle from the Public Works Compound, Naval Weapons Center, China Lake, California, to the Randsburg Wash Target Range, Naval Weapons Center, his duty station. Employee picked up Government vehicle at Public Works Compound at 5:15 a.m. in order to start work at Randsburg Wash at 6:00 a.m. His work day ended at 2:30 p.m. at which time he drove the Government vehicle back to the Public Works Compound, arriving at 3:15 p.m., traveling a distance of 28 miles. His claim for overtime compensation for the round trip travel is denied since such traveltime was a part of the normal travel between work and home and commuting time is noncompensable under 5 U.S.C. § 5544(a). 3. Naval Weapons Center former employee claimed overtime compensation under Fair Labor Standards Act (FLSA), and the Office of Personnel Management (OPM) issued a decision finding no overtime compensation to be due. Since OPM is authorized to administer the FLSA with respect to most Federal employees, great weight will be accorded to OPM's administrative determinations as to entitlements under the ~cL~/ 151 Ccc

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