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B-239097 1 (1990-09-17)

handle is hein.gao/gaobadnul0001 and id is 1 raw text is: Comptroller General of the United States Washingto, D.C. 20548 Decision Matter of: Robert L. Moore, Jr. File: B-239097 Date: September 17, 1990 DECISION The issue to be decided is the entitlement of Mr. Robert L. Moore, Jr., to receive overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. (1928), for travel performed outside normal duty hours when traveling to and from an administratively uncontrollable event.l/ Mr. Moore, who was employed by the Forest Service in Montana as a Civil Engineering Technician, was also qualified to serve in a number of capacities in fighting forest fires. During the period August 30-September 12, 1987, he was dispatched with others for emergency firefighting duties in California. Since he was a non-exempt employee, he was entitled to be paid for that duty either under title 5, United States Code, or under the FLSA, whichever provision gave him the greater benefit. Since Mr. Moore's travel outside normal duty hours was caused by a firefighting emergency which could not be scheduled or controlled administratively, the time he spent in a travel status going to and returning from the emergency was included in the computation of his title 5 overtime, pursuant to 5 U.S.C. § 5542(b) (2) (B) (iv), as amended.2/ The Forest Service did not include that traveltime in computing his overtime under the FLSA, since only hours actually worked are compensable under the FLSA and no provision was made to include after hours traveltime as compensable overtime hours worked. 1/ Decision requested by Mr. James Arthur, Acting Director, Personnel Management, Forest Service. 2/ Section 101(c) of Public Law 98-473, October 12, 1984, 98 Stat. 1874, amended the statute to include time spent traveling to and returning from an uncontrollable event as hours of employment for purposes of title 5 overtime.

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