About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195655 1 (1980-04-10)

handle is hein.gao/gaobadiee0001 and id is 1 raw text is: - L. THE COMPTROLLER GENERAL S2IOF THE UNITED STATES W/AS H IN GTO N, .C. 2054 B FILE: B-195655 DATE: April 10, 1980 MATTER OF: EleanorM. Kreis--Overtime Compensation-- Ordered or Approved DIGEST: -Nonexempt employee suffered or permitted to begin work 40 minutes early for extended period and paid overtime compensation under FLSA is not entitled to additional overtime compensation under 5 U.S.C. 5542 since super- visor's conduct evidenced no more than tacit expectation of employee's early reporting which does not meet officially ordered or approved requirement. Moreover, there is no legal authority for compensating employee at basic rates for time in excess of 8 hours a day or 40 hours a week. Ms. Eleanor M. Kreis has appealed the action of our Claims Division which denied her jplaim for overtime compen- sation under 5 U.S.C. 5542. The basis for her claim is that she ctstomarily began working about 40 minutes before the start of her assigned tour of duty from.June 7, 1976, to January 11, 1973, while employed by the Social Security Administration as a Secretary GS-6, a nonexempt position subject to the Fair Labor Standards Act (FLSA) of 1938, as amended, 29 U.S.C. 201 et seq. General Schedule (GS) employees to whom both FLSA and 5 U.S.C. § 5542 apply may be entitled to overtime compensa- tion under whichever of these laws provides the greater benefit. 54 Comp. Gen. 371 (1974); Federal Personnel Manual (FPM) Letter No. 551-1, May 15, 1974. FLSA authorizes over- time compensation for hours worked which are suffered or permitted in excess of 40 hours per week. Excused absences with pay (leave, holidays) are not hours worked under this law. FPM Letter No. 551-1; 29 C.F.R. 778.218. On the other hand, 5 U.S.C. S 5542 authorizes overtime compensation for hours of work in excess of 40 hours per week and, with certain exceptions not here applicable, in excess of 8 hours per day which are officially ordered or approved. Excused absences with pay are hours of work under this law. 61 lel _ - I e11051

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most