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B-190912 1 (1978-04-27)

handle is hein.gao/gaobadfxx0001 and id is 1 raw text is: I I I THE COMPTROLLER EUNERAL ORCIBION . . OF THE UNITEC UTArES MWAIMINCTON. O.C. 2004U MLE: B-190912 DATE: April 27, 1978 MATTER OP:Transportation systems Center -- Statute of Limitations on Claims under Fair Labor Standards Act DIWESTI. Certifying officer questions what is the statute of limitations on claims filed by Federal employees under Fair Labor Standards Act (FLSA). Althouqh there is a time limitation on actions at lawm under FLSA, there is no statutory time limitation when such clams may be filed as claims cognizable Ly GAO. Therefore, time limit for filing PLSA claims in GAO is 6 years. 31 U.S.C. 55 71a and 237. 2. Authority of GAO to consider PLSA claims of Federal employees is derived from authority to adjudicate claims (31 U.S.C. 5 71) and authority to render advance decisions to certifying or eisbursing officers or heads of agencies on payments (31 U.S.C. Sj 74 and 82d). Nondoubtful PLSA claims may be paid by agencies. In order to protect the interests of employees, claims over 4 years old should be forwarded to GAO for .scording. This action is in response to a request for an advance decision from John F. Linehan. a certifying officer with the Transportation Systems Center (Center), U.S. Department of Transportacion, Cambridqe, Massachusetts, dated December 7, 1977, reference DTS-833, concerning the entitlement of certain nonexempt employees of the Center to retroactive payments of overtire compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. SS 201 et seY. (Supp. V1 1975). The request from the Transportation Syste:.s Center indicates that while the Pair Labor Standards Amendments of 1974 exten6ed the FLSA coverage to Federal employees, effertive f.ay'l, 1974, the Canter did not implement those provisions untAil November 20, 1977. The Center was apparently -rst made aware of the applicablity of the FLSA to its employees when an internal audit report on . - I C? 1 Lzz Ij \ r5 ..a

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