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B-197128 1 (1980-03-31)

handle is hein.gao/gaobadidc0001 and id is 1 raw text is: co p THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASH)NGTON. D.C. 20548 FILE: B-197128 DATE: March 31, 1980 MATTER OF: Wallace N. terman- vertime com- pensationj- time spent in travel status away from official duty station DIGEST: (1) Air Force employee performed official travel to Germany totalling 24 hours 15 minutes in connection with tempo- rary duty on non-duty days. Air Force paid employee for 8.25 hours of com- pensable overtime under the Fair Labor Standards Act (FLSA) (29 U.S.C. §§201 et. seq.). Employee claims overtime for full 24 hours 15 minutes. Claim is denied where record provides no evidence that employee's time spent in travel status qualified as hours of employment under-5 U.S.C. §55421b)(2)(B). Air Force correctly applied-provisions of the Attachment to FPM Ltr. 551-10 (April 30, 1976) in determining employee's overtime entitlement under FLSA. (2) Air Force employee claims overtime compensation for time spent in travel status away from official duty station. Air Force officials stated that employee's travel outside of normal workweek was not in conformance with policy expressed in applicable labor agreement and in 5 U.S.C. S6101(b)(2) that, to the maximum extent practic- able, official travel should be scheduled within the regularly scheduled workweek. However, this does not in itself pro- vide a legal basis for payment of over- time compensation not in accordance with statutory entitlements. Th, American Federation of Government Employees on behalf of Mr. Wallace N. Peterman requests an opinion ///L17

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