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B-183577 1 (1975-11-26)

handle is hein.gao/gaobadcrq0001 and id is 1 raw text is: I


J


DATE:


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MATTEP77


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NOV  2 6 1975


   SClarence  E. Harris  Overtime pay while in
     travel status

Time spent (4-½ hours) in travel outside of
regular working hours by wage grade employee
drivin   i military truck on return trip from
temorary  duty post to permanent duty sta*
tion, constitutes hours of work within
meaning of Fair Labor Standards Act (FLSA)
and entitles him to overtime comensation.
However, under provisions of title 5, United
States Code, and FLSA, overtime compensation
is not payrztle for time spent (1- hours) in
travel by employee as passenger in Government
vehicle on aforestated return trip as employee
performed no actual work during this period.


     This action arises from a request for an advance decision by
1st Lieutenant W. A. Griffin, USAF, Accounting and Finance Officer,
Headquarters 29th Flying Training Wing (ATC), Department of the Air
Force, Craig Air Force Base (AFB), Alabama, whether Mr. Clarence E.
Harris, a civilian employee at Craig AFB, may be paid overtime compensa-
tion for work allegedly performed by him while in travel status.

     The pertinent facts end circumsatances giving rise to this claim are
as followss

          On 29 January 1975, Mr. Harris, along with 2 military
     men, was required to travel to Dobbins APB, GA via mili-
     tary truck to repair a T-38 aircraft, owned by Columbus A-F,
     MS.  The 3 men departed Craig AFB at approximately 0800
     hours and arrived at Dobbins AIFB at 1500 hours EST, They
     proceeded to work on the aircraft until approximately 2145
     hours EST.  They started work again the next morning
     (30 Jan) at 0700 hours LST and completed repairing the
     aircraft and loading their vehicle by 1630 hours LST.
     Mr. Harris then called his superviscr, Mr. Hiugh Kirkpatrick,
     to request instructions. Mr. Kirkpatrick, in turn, asked
     Maintenance Control (MSgt Long) who instructed him to have
     Mr. Harris return that night. They left Dobbins at that
     time and arrived at Craig AriB at 2130 hours CST.




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