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B-196164(VBG) 1 (1979-12-11)

handle is hein.gao/gaobabjqa0001 and id is 1 raw text is: I7r L COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. ZOSA IN REPL Y R.R r B-196164 (VBG) December 11, 1979 The Honorable John J. Cavanaugh House of Representatives Dear Mr. Cavanaugh: This refers to your letters of October 17 and September 20, 1979, in which you ask for our report on correspondence sent to you by Mr. Robert E. Shere of 5029 South 56th, Omaha, Nebraska ' 68117. Mr. Shere, an employee of the Department of Agriculture, has certain objections to the rules which determine what compensable hours of work are under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. (1976). Mr. Shere states that meat graders are compensated under the FLSA for time spent traveling with grading equipment whereas other employees who are not meat graders, such as himself, do not receive compensation when they travel with their tools and equipment. He believes this result to be inequitable. Mr. Shere also objects to certain rules which determine whether an employee is in a compensable-hours-of-work status while traveling to a temporary duty post beyond his official station. The Civil Service Commission (CSC) (now Office of Personnel p .li, Management (OPM)) is authorized by law to administer the FLSA as to most Federal employees. 29 U.S.C. § 204 (1976). Pursuant to this authority CSC has issued instructions to Federal agencies which state various rules for determining when an employee is in an hours of work status for the purpose of compensation under the FLSA. The Commission's instructions have relied heavily on the hours-of-work rules developed over many years by the Depart- 3 ment of Labor, which administers the FLSA for the non-Federal sector, and on the decisions of the Federal courts which interpret what the term hours of work means. With respect to Mr. Shere's first complaint, the Comptroller General has upheld CSC's view that meat graders who transported some 90 pounds of equipment between their homes and work sites were performing compensable work under the FLSA. B-163450.12, September 20, 1978. We mentioned in that decision, however, that time spent carrying personal hand tools to and from work is non- compensable under the FLSA. We noted that the CSC held that the carrying of 10 to 20 pounds of tools by graders would not qualify Unjoi

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