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B-193779 1 (1979-05-18)

handle is hein.gao/gaobadhgc0001 and id is 1 raw text is: -~ 'TH-E C0MVPTROLLER G3ENJERAL .<01F THE UNITED STAT W ASHI41N GTON, 0. C. FILE: B-193779 MATTER DIGEST: DATE: May 18, 1979 OF: Customs Patrol Officers -Entitlement to Overtime and Night Premium Pay During Training Customs Patrol Officers who attended special training course claim overtime pay under the Fair Labor Standards Act (FLSA) or overtime or night premium pay under title 5, United States Code, for regularly scheduled training sessions conducted after 6 p.m. Where training qualifies under exception to prohibi- tion against payment of premium pay for training in 5 U.S.C. § 4109(a), overtime under FLSA or overtime or night premium pay under title 5, United States Code, must be paid. Payment should be made to em- ployees under title 5 or under FLSA, whichever law gives the greater benefit. 38 Comp. Gen. 363 (1958) clarified. This decision is in response to a request from John A. Hurley, Assistant Commissioner (Administration), U.S. Customs Service,A6CJd/4 Department of the Treasury, concerning the entitlement of certain Customs Patrol Officers to overtime or night premium pay while they attended the Navy's Sea, Air and Land (SEAL) School., r Our Office has received claims from three Customs Patrol Officers, Donald A. Bambenek II, David A. McDonald, and John H. Spillane, Jr., and the Customs Service is holding similar claims from other patrol officers while it awaits our decision. The question presented for decision is whether these employees are entitled to overtime or night premium pay under title 5, United States Code, or overtime under the Fair Labor Standards Act (FLSA) in light of the general prohibition on the payment of overtime and night premium pay during training contained in 5 U.S.C. § 4109. The facts presented show that certain Customs Patrol Officers were directed to attend Navy SEAL School or C-Fist School so as to receive specialized training to assist them in the performance of their law enforcement duties. The employees contend, and the agency does not dispute, that the training was for more than 40 hours a week and that certain training sessions were conducted after 6 p.m. because the employees were being trained for situations which occur only at night. The employees claim overtime or night premium pay in connection with this training. DECISION

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