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B-237693 1 (1990-03-30)

handle is hein.gao/gaobadnsn0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matterof: Robert H. Ray, Sr.

File:     B-237693

Date:      March 30, 1990


DECISION

The Air Force scheduled permanent-change-of station travel
for Mr. Robert H. Ray, Sr., outside his normal duty hours.
He was required to be in a travel status from 7:30 a.m.,
Friday, when he departed Mississippi, until he arrived at
his new duty station in the United Kingdom at 1 p.m. on
Saturday.l/ We conclude that the agency properly denied
Mr. Ray's claim for overtime compensation.

Congress has authorized overtime pay for traveltime only
under the specifically limited circumstances enumerated in
5 U.S.C. S 5542(b)(2)(B). Erich P. Rudolph, B-236012,
Nov. 8, 1989. None of the enumerated circumstances existed
here, and we have previously determined that Congress has
not authorized overtime compensation as a remedy for an
agency's failure to adhere to the policy of trying to
schedule travel during regular duty hours, where
practicable. 5 U.S.C. S 6101(b)(2) (1988). See Charles C.
Mills, B-198771, Dec. 10, 1980.


The record does not state whether Mr. Ray is non-exempt
under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201
et s      If he is non-exempt, Mr. Ray could be eligible for
overtime under the FLSA if he traveled on nonworkdays during
hours which correspond to his regular workday hours. See
Gerald A. Mendiola, et al., B-210722, Dec. 27, 1983.



  amesF ica
  General Counsel


  1/ The Chief, Accounting and Finance, Headquarters 20th
  Tactical Fighter Wing (USAFE), Department of the Air Force,
  requested an advance decision.

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