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B-183493 1 (1976-07-28)

handle is hein.gao/gaobaddka0001 and id is 1 raw text is: I3E C I S C3N FILE: B-18349 MATTER OF: 3 THE COMPTRL.LLER GENERAL .7: }. OF THE UNkTED STATES WASHINGTON, D.C. 20548 '~. .,0. DATE: JUL 2 8 1976 Eugene L. Mellinger - Compensation for Traveltime DIGEST: 1. Wage board employee traveled 4 hours on Saturday to correct an aircraft's unsched- uled rudder movement, notice of which was received at his base on Friday. Official necessity existed for employee to travel prior to his workday Monday. However, since record is not clear as to reason employee could not travel on Friday, the matter is referred to employing agency to determine if employee could not have been scheduled to travel during Friday work-hours because of lack of sufficient advance notice. If he could have been scheduled to travel on Friday he is not entitled to overtime compensation under 5 U.S.C. § 5544(a). 2. Wage board employee who traveled on Saturday may be entitled to overtime compensation under Fair Labor Standards Act (FLSA). If the employee was not exempt from FLSA and either drove himself to his destination or traveled as a passenger during hours which correspond to his regular work-hours, he would be entitled to overtime compensation under FLSA for those hours of travel which were in excess of 40 hours in a week. If employee is entitled to overtime compen- sation under both 5 U.S.C. § 5544(a) and FLSA, he should receive compensation under whichever of the two laws provides the greater benefit. This matter involves a request for an advance decision submitted by Major C. T. Woolsey, USAF, Accounting and Finance Officer, Tinker Air Force Base, Oklahoma City, Oklahoma, con- cerning a claim for overtime compensation for time spent in travel by Mr. Eugene L. Mellinger, a wage board employee of the Department of the Air Force. 0 8Sgo 7... 0;7 62fyfo 7

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