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B-211648 1 (1983-07-19)

handle is hein.gao/gaobadsvo0001 and id is 1 raw text is: IKET- CO.NG.Z -P2 COMPTROLLER -GENERAL OF THE UNITED STATES NOV pWASHINGTON-D.C. 20548 B-211648 JU The Honorable John•Paul Hammerschmidt House.'of Representatives.- Dear Mr. Hammerschmidt: Werefer to;your submission.dated Apr.il 25, 1983, on behalf ..of.your-:constituent concerning his claim for retroactive payment-of.overtime compensation under the•Fair'Labor Standards, Act for the. period- from May- 1, 1974, . to July. .1, 1975. does not-appear to.be entitled to -.the payment of additional overtime compensation under-the Fair -Labor Standards. Act (Act) .... The beginning date of his entitlement to overtime compensation,* July.1, 1975, was.not determined by the date. on: whichhe. filed his clain ,but by the effective'date-.of Federal Personnel Manual LetterV51-7 which provided revised guidelines for determining, whether employees. are exempt under the Act. In his letfter of April 14, 1983,' states that he has received retroactive.payment of overtime compensation for.the period from July. l,. 1,975-, to August 27, 1977, but that he has not received overtime compensation which he believes is due him for. theperiod from May1, 19.74, to July 1, 1975. We-have.been advised by the Department of Agriculture that during the period in question, May 1, 1974, to August 27, 1977, was employed as an Agricultural Commodity Grader (Processed Fruit and Vegetable) GS-1980-9. The-records of this Office show that on July .9, 1980, filed a claim with our Claims Group which was recorded for purposes of tolling the 6-year statute.of 1ritations on claims cogniz- able by our Office1 t 31 U.S.C. 71a (1976) (Currently set forth at 31 U.S.C. 3702(b)). lthough his claim was then returned to the Department of Agriculture for further adminis- trative action its filing with this Office on. July.9, 1980, assured that the portion of his claim .for the-period-beginning 6 years earlier, on July 9, 1974,..was not barred .from further consideration. The.Fair Labor Standards Amendments of *1974,. Public. .Law 93-259, approved.April 8, 1974, extended coverage under the'Act to certain Federal employees effectiveMay .1, 1974. Under 29 U.S.C.4. 204(f) (.1976) the Civil Service Commission (now the Office of Personnel Management) is authorized to

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