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B-190734 1 (1978-10-02)

handle is hein.gao/gaobadglm0001 and id is 1 raw text is: b . THe COMPTRCO - ENURAL. DECISION . .aC THU UeIT' - STATES , WABHINUTON. O.C. 2054 MATTER OF: Richard P. Barnitt - Overtime Compensation B-190734 DATE: Ocrtober 2,1978 Employee of the National Security Agency covered by Fair Labor Standards Act (FLSA) overtime pay requirements pursuant to solicitation by agency volunteered to work overtime. He 'new that in lieu of overtime compensation he would receive compensatory time off under 5 U.S.C. S 5543. lit. is not entitled to additional pay under PLSA, since he is also entitled to overtime pay under title 5, United States Code, equal to or greater than his FLSA entitlement. In such cases regulations provide that employee may voluntarily accept compensatory time as full remuneration for overtime performed. 2. National Sec:irity Agency soLicited non-exempt employee under FLSA to,volun- teer to work overtime supervisinv cleaning crews in restricted area with nnderstanding he would receive compensatory time off in lieu of overtime: No funds were available to pay overtime, and overtime would not have been performed without a volunteer willing to accept compensatory time off. There is no violation of the Fair Labor Stardards Act, 29 U.S.C. SS 201 et seq. (Supp. IV, 1974), in giving compensatory time off under such circumstances. By letter of November 15, 1977, Serial N41/0664, with enclosures,-Mr. W.. Smallets, Chief, Finance and Accounting, National Security Aaency, requested an advance decision regirdinq the entitlemiept of Mr. Richard P. Barnitt to overtime compensation under the provisions of the Pair Labor Standdrds Act (PLSA). 29 U.S.C. SS 201 et sea. (Supp. IV, 1974). ,f'r. Barnitt is a nonexempt employee under PLSA. His entitlemnt to overtime under title 5, United States Code, is-eoual to or greater than his entitlement under FLSA. L I FILE: DIGEST: 1.

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