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B-232157 1 (1989-05-04)

handle is hein.gao/gaobadnlc0001 and id is 1 raw text is: UAa The Comptroller General of the United States Washngton, D.C. 25 Decision Marion Harris - First 40-hour Workweek Employee - 10-hour Per Diem Rule Matter of: B-232157 File: Date: May 4, 1989 DIGEST An airplane pilot who works a first 40-hour workweek is not entitled to )er diem because of an exception to the 10-hour rule in the Federal Travel Regulations, para. i-7.5b(l), which prohibits the payment of per diem to employees who qualify solely on the basis of the fact that they work a non-standard workday. DECISION This decision is in response to a request from the Associate Regional Director, Administration, National Park Service, Southeast Regional Office, Atlanta, 'eorgia. It concerns the entitlement of a pilot to per die m on 1-day trips where travel is less than 24 hours with no overnight stay. We conclude that he may not be reimbursed for the following reasons. BACKGROUND Mr. Marion Harris is an airplane pilot whose permanent duty station is in Atlanta, Georgia. His primary duties are to ferry passengers between Atlanta and various other points within the jurisdiction of the National Park Service. Mr. Harris is paid on the basis of a first 40-hour workweek and receives overtime pay for all hours over 40. Thus, Mr. Harris may work a 12-hour day on Monday and such time is considered as regular time until he exceeds 40 hours in the workweek. The regulations governing per diem for travel of 24 hours or less prohibit the payment of per diem for travel of 10 hours or less but authorize per diem for travel of more than

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