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B-134864 1 (1976-07-27)

handle is hein.gao/gaobaddmg0001 and id is 1 raw text is: THE COMPTROLLL.A GENERAL S(CSI I 1N.OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: JUL 2796 qy ios B-134864 MATTER OF: Edward E. Herrington - Overtime Compensation DIGEST: 1. Wage board general mechanic claims over- time compensation for 30 minutes a day since he was not scheduled lunch break and since he allegedly was on call during lunch. Agency states employees were allowed to fix their own 30 minute lunch break for their convenience and employees were specifically told they could leave building for lunch. Moreover claimant admits he took time off for his lunch breaks. Even assuming employee was on call during lunch breaks, under 5 U. S. C. 5 5544 there is no entitlement to overtime compensation for merely being on call during lunch break where no duties are performed. 2. Employee claims overtime compensation for having worked 10 days straight on back to back shifts. Employee had Sunday and Monday off and then worked Tuesday through Saturday. The following week he worked Sunday through Thursday and had Friday and Saturday off. Although employee has worked 10 straight days, since applicable regulations state em- ployee's administrative workweek is Sunday through Saturday, only 5 days work was performed in any one adminis- trative workweek and employee is thus not entitled to overtime compensation. This action is in response to Mr. Edward E. Herrington's appeal of our Transportation and Claims Division Settlement Certificate, Z-2552994, dated April 4, 1975, which disallowed his claim for overtime compensation believed due incident to his employment with the General Services Administration's Public Buildings Service. Mr. Herrington is employed as a Wage Board, WG-9, general mechanic at the Dallas Federal Building, 1100 Commerce Street, Dallas, Texas. The record shows that general mechanics such as

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