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B-188955 1 (1977-11-23)

handle is hein.gao/gaobadfil0001 and id is 1 raw text is: * DECISION FILE: B-188955 THE COMPTROLLER ONERAL v. OP THE UNITED STATUE WASHINOTON, D. C. 20545 DATE: Novmter 23, 1977 LC DIGEST: Deputy U.S. Marshal who normally worked evenings and nights on Sky MarshaL duties, frequently was called to appear in court during the day. Claim for overtime compensation for traveltime from residence is denied -ince travel was not away from official duty station as required under 5 U.S.C. 5542(b)(2). , This action is in response to the appeal by Mr. Vernon H. Moss :I!, of the settlement issued Scptember 20, 1976, by our Claims Division denying in part Mr. Moss' claim for overtime compensation while employed by the United States Marshalh Service, Department of Justice. The record indicates that Mr. Motis claimed overtime compensation for traveltime for the period January 27, 1971, through October 29, 1971, whle employed as a Deputy U.S. Marshal. It appears that Mr. Moss wes regularly assigned to perform Sky Marshal duties at the Los Angeles Airport, normally in the evinings or at night, and that frequently he would be required to appear in court in Los Angeles during the day in connection with other assigned duties. Mr. Moss' claim for 72 1/2 hcurs overtime compensation while traveling between his residence and court, the latter which is located within his official duty station, was denied by our Claims Division as not within the scope of 5 U.S.C. 5542 (Supp. V, 1975). On appeal Mr. Moss states that since the travel eculd not be scheduled or controlled administratively it shouLd be compensable as overtime under S U.S.C. 5542(b)(2)(IV). Section 5542(b)(2) cf title 5, United States Code, sets out the circumstances under which an employee is entitled to overtime com- pensation for time spent in travel status as follows: (2) time spent in a travel statuP away from the officiai-duty station of an employee is not hours of employment uni2ss: (A) the time spent is within the days and hours of the regularly scheduled administrat.ve workweek of the employre, inicluding regularly scheduled overtime hours; or MATTERI OF: Vernon H. ?nss III - Claim for overtime while traveling A I -j , *

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