About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-229193 1 (1987-12-11)

handle is hein.gao/gaobadmxz0001 and id is 1 raw text is: 

          The Comptroller General
          of the United States
          Wahington, D.C. 20548
UN I1     Decision




          Matterof.  Louis R. Crooks - Overtime Compensation

          File:      B-229193

          Date:      December Ii, 1987


          DIGEST

          1. Claim for overtime compensation is time-barred under
          31 U.S.C. S 3702(b)(1) to the extent that it accrued more
          than 6 years before it was received by the General Account-
          ing Office (GAO). Filing of a claim with the employing
          agency does not toll the running of the limitation period,
          nor is the limitation period affected by the employing
          agency's delay in processing the claim and forwarding it to
          GAO.

          2. Record is insufficient to establish entitlement to
          overtime compensation under 5 U.S.C. S 5544 in the absence
          of clear evidence that the claimant employee was either
          officially required or was affirmatively authorized or
            induced to work overtime hours. The claimant's mere
            statements to this effect, which are not corroborated by
            agency records or the statements of his supervisors, do not
            satisfy the claimant's burden of proof.


            DECISION

            Mr. Louis R. Crooks, a civilian employee of the Department
            of the Army, has appealed a settlement by our Claims Group,
            Z-2864556, dated July 1, 1987, which denied his claim for
            overtime compensation for work performed on several oc-
            casions from 1979 through 1984. We affirm the Claims
            Group's denial of Mr. Crooks' claim.

            BACKGROUND

            During the period relevant to his claim, Mr. Crooks was
            employed by the Department of the Army as a grade WS-5
            Transportation Warehouse Supervisor at Fort Jackson, South
            Carolina. In connection with the so-called Exodus
            Program, which evidently involved large troop movements by
            rail from Fort Jackson, Mr. Crooks contends that he per-
            formed overtime work on the following occasions:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most