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B-203128 1 (1987-06-02)

handle is hein.gao/gaobadmsg0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Civilian Aircraft Pilots - Fair Labor Standards Act - Application of Claims Court Judgment File: B-203128 Date: June 2, 1987 DIGEST 1. Employees sought retroactive overtime compensation under the Fair Labor Standards Act (FLSA). By decision Civilian Aircraft Pilots, 61 Comp. Gen. 191 (1982), the General Accounting Office (GAO) declined to consider the merits of these claims since the office of Personnel Management (OPM) found the employees exempt from FLSA coverage and GAO will not review OPM determinations of exempt/nonexempt status under FLSA. The employees now seek reconsideration of that decision because the United States Claims Court overturned- the OPM finding and determined that they were nonexempt under FLSA and entitled to overtime compensation under that statute. Walter D. Sabey, et al. v. United States, 6 Cl. Ct. 36 (1984). In view of that decision, the GAO will now consider these claims on their merits. Our decision in Civilian Aircraft Pilots, above, is modified only as to these .employees. 2. Fair Labor Standards Act (FLSA) claims which are filed with the General Accounting Office (GAO) are subject to the 6-year statute of limitations under 31 U.S.C. § 3702(b)(1), in contrast to the 2-year time limitation on actions at law under the FLSA. Where by court action an employee has established his right to retroactive overtime compensation under the FLSA for the 2-year period prior to the date the complaint was filed and has previously filed a claim here, additional amounts found due may be paid for an earlier period, but not before 6 years prior to the date such claim was filed with the GAO. DECISION This decision is in response to correspondence from Mr. James M. Peirce, President, National Federation of Federal Employees (NFFE), asserting a claim on behalf of 0-5qkm j3YJ

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