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B-232480 1 (1989-06-02)

handle is hein.gao/gaobadnls0001 and id is 1 raw text is: The Comptroller General The Comptroller General of the United States Washington, D.C. 20548 0 Aria Nalley - Waiver of Overpayment B-232480 June 2, 1989 DIGEST By failing to properly reduce a lump-sum overtime award, the Air Force erroneously overpaid one of its employees. Waiver is granted because the erroneous overpayment was compounded by subsequent confusion resulting in a 6-month delay in seeking its collection. Furthermore, the record does not establish knowledge sufficient to support a finding of fraud, misrepresentation or lack of good faith on the part of the employee. DECISION This decision responds to a request from Senator Dennis DeConcini on behalf of Ms. Aria Nalley, a GS-5 practical nurse employed by the Air Force, for a waiver of $894.88 overpaid by the Air Force to her. For the following reasons, we grant the waiver. BACKGROUND For 13 pay periods between July 1985 and July 1986, the Air Force scheduled Ms. Nalley to work in 2-week blocks of 48 hours one week and 32 hours the following week. For the pay periods in question, Ms. Nalley's pay was calculated every 2 weeks as if she had worked 40 hours each week. However, it was later discovered that Ms. Nalley was entitled to overtime pay under the Fair Labor Standards Act (FLSA) for those weeks in which she worked in excess of 40 hours. Both the Office of Personnel Management (OPM) and the Air Force ultimately concurred with this finding. Decision Matter of: File: Date:

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