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B-193653 1 (1979-12-11)

handle is hein.gao/gaobadhug0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISIO3N            ~       OF   THE UNITED STATES
                             . WASHINGTON, O.C. 20548
                    UN IED


FILE:   B-193653                    DATE:  December 11, 1979

MATTER OF:      Nurses at Federal Correctional Institution
              5Overtime  Entitlemenjl  +,W

DIGEST:     Several nurses, GS-7 and 9, employed by Bureau of
          2- Prisons were scheduled by supervisor as requested
            by the nurses to work 6 days in one administrative
            workweek and 4 days in other workweek during pay
            periods involved.  If any nurses are covered by
            Fair Labor Standards Act they would be entitled
            to overtime compensation for work in excess of
            40 hours a week.  For those nurses not covered by
            FLSA and where warden only official authorized to
            order or approve overtime did not do so, there is
            no entitlement under 5 U.S.C. 5542 to compensate
            nurses for overtime hours worked. For those
            nurses not covered by FLSA, Bureau may treat
            additional workday in the 6-day workweek as an
            offset day in the related 4-day workweek eliminating
            any other adjustment.

        Mr. Norman A. Carlson, Director of the Bureau of Prisons,
    Department of Justice, requests a decision as to entitlement to
    overtime compensation for several nurses who worked 6 days
    during one week and 4 days during the other,week of a pay
    period including related adjustments, if any, that should be
    made.

         The record shows that during the period April 10, 1977,
    through June 17, 1978, several nurses, grades GS-7 and 9, who
    were employed at the Federal Correction Institution (Institution),
    Butner, North Carolina, were scheduled by their immediate
    supervisor to work 6 days in one administrative workweek and
    4 days in the other administrative workweek of each pay period.
    The agency report states that the work schedules of these nurses
    were established by their immediate supervisor in response to
    the nurses' request.

         The warden of the Institution is the only official at the
    Institution authorized to order or approve overtime. We have been
    advised that the basic workweek of these nurses is the 40-hour
    period consisting of 8 hours in each of 5 consecutive days within
    the administrative workweek which is the 7-day period of Sunday
    through Saturday. We were also advised that the warden did not
    have any knowledge of the work schedule as established.


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