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B-197598(RCP) 1 (1980-04-03)

handle is hein.gao/gaobactyk0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Referto:B-1975r98 (RCp) April 3, 190 FIro C, .Loeffler im notr ' ttlva able to p b toru i NM Chase F4ield- Beeville, Texas 78103 Dear Mrs, Loeffler: We refer to your submission dated January 18, 1980, it, which you preisent a series of observations and contentions in regard to the payment of overtime compensation under the Fair Labor Standards Act (FLSA) at your installation* Generally,. your concern appears to be with the manner in which firi fighters' FLSA entitlement is computed for pay periods in which they receive premium pay under 5 U.S.C. 80 5545(c)(1) for their standby duty, The authority of the General Accounting Office to consider FLSA claims of Federal employees is derived from its authority to adjudicate monetary claims (31 U.3, 8 71) and to render advance decisions to certifying or disbursing officers or heads of agencies on payments (31 U.S.C. 09 74 and 82d), Under these authorities, your request for information concerning implementation of the PLSA does not entitle you to a formal decision. However, the following. .information is provided for your assistance,, Fundamental to your inquiry is the fact thiat the Office of Personnel Management (formerly Civil Service (tommission) is des ignated by law to administer the FLSA with reli pect to most Federal employcos, 29 U.SC. &d204( (1976). Pursuant to this statutory authority the Civil Service Comm7ission issued Federal Personnel Manual Letter No. 551-5 on January 15, 1975, which is entitled Instructions for Applying the Fair Labor Standards Act (FLSA) to Federal Employees Engaged in Fire Protection Activities or Law Enforcement Activities. As a result, it would appear that the provisions of subsection D of Attachment 2 to FPM Ltr.5515C which define and set forth the method of computing an employee's regular rate of pay for purposes of computing his overtime pay entitlement under the FLSA, are applicable to the firefighters in question. yorcnenapastAewt h anri hc ie

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