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B-181317 1 (1976-04-20)

handle is hein.gao/gaobaddpd0001 and id is 1 raw text is: DECISION FILE: 0VALER C THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20549 ID. B- 181317 MATTER OF: DIGEST: DATE: APR 2 0 1976 Porter C. Murphy - Overtime Compensation for Traveltime 1. Employee was allowed to commute in Government vehicle from Fort Sam Houston to Camp Bullis, his duty station. Employee's workday started at 7:30 a.m., at which time he picked up the vehicle at Fort Sam Houston. He returned from Camp Bullis after 4 p. m., the end of his regular workday. His claim for overtime compensation for the return travel is denied since such traveltime was a part of his normal travel from work to home and commuting time is non- compensable under 5 U.S. C. 5 5544(a) (1970). 2. Government vehicle in which employee commuted carried essential equipment and supplies for his employer. Commuting time is generally not compensable under the Fair Labor Standards Act (FLSA), however, where the commuting employee also transports equipment and supplies for the em- ployer, the traveltime is compensable overtime even though commuting in the Government vehicle is of a benefit to the employee since the activity is employment under the FLSA as it is done in part for the benefit of the employer. This action is in response to Mr. Porter C. Murphy's appeal of our Claims Division's denial of his claim for overtime compen- sation believed due incident to his employment with the Department of the Army. Mr. Murphy is employed at Camp Bullis, Texas, as a wage board employee. From May 18, 1964, through May 31, 1974, the period during which Mr. Murphy claims overtime compensation, Mr. Murphy's tour of duty was from 7:30 a.m. to 4 p.m. daily, Monday through Friday. During this period of time Mr. Murphy was allowed to report for duty at Fort Sam Houston at 7:30 a. m. whereupon he would drive a Government vehicle to Camp Bullis, his official duty station. Mr. Murphy worked at Camp Bullis until 4 p. m., at which time he departed in a Government vehicle for Fort Sam Houston where he dropped off the vehicle and then continued home PUBLISHED DECISION 55.Comp. Gen. ...... 0

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