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B-236750 1 (1989-11-07)

handle is hein.gao/gaobadnqg0001 and id is 1 raw text is: eThe Comptroler General of the United States Washinton, D.C. 2064 Decision Matterof: John W. Wright File: B-236750 Date: November 7, 1989 DECISION The issue in this case is whether Mr. Wright, an employee of the Bureau of Prisons, may be paid overtime under 5 U.S.C. S 5542 (1982) for activities related to firefighting while performing his job as safety manager. His claim was denied by our Claims Groupl/ on the basis that the overtime was not ordered or approved and there was no inducement by Mr. Wright's superiors to continue to perform overtime. Mr. Wright in effect appeals that denial and contends that written descriptions of his duties and training schedules amount to official approval of the overtime he worked, although he concedes that after he began as safety manager he was informed that overtime compensation was not payable for after-duty training and community service calls. The basic requirement for entitlement to overtime compensa- tion under 5 U.S.C. S 5542 is promulgated in the imple- menting regulation, 5 C.F.R. S 550.11(c) (1988), which provides that overtime work must be ordered or approved in writing by an official to whom this authority has specifi- cally been delegated. It has been held that this require- ment is met if the employee is induced either by the authorized official or with his knowledge and acquiescence, to perform overtime through a reasonable expectation or fear that some penalty will befall him if he does not do so. Baylor v. United States, 198 Ct. Cl. 331 (1972), and cases cited. However, where there is no more than a tacit expectation that the employee will work overtime, such 1/ Z-2866145, June 29, 1989. CO/7 ~Fc.lm4 ILI6 c2

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