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B-197037 1 (1980-07-01)

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      THE  COMPTROLLER GENERAL
      'OP  THE   UNITED STATES
      WASHINGTON,  0. C. 20548


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FILE:  B-197037               DATE:  July 1, 1980

MATTER  OF:   Roundin  up and rounding down odd min-
               utes41  irregular unscheduled overtime7


DIGEST:


GAO has no legal objection to
proposal of Director, Office of
Personnel Management, to provide
by regulation, under its authority
in sections 5504, 5548, and 6101
of title 5, United States Code,
that an agency may institute the
practice of rounding up and
rounding down to nearest quarter
hour (or fractions less than a
quarter of hour) for crediting
irregular, unscheduled overtime
work under sections 5542, 5544,
and 5550 of title 5, United States
Code.


    ,The Director of the Office of Personnel Manage-
mentby   letter dated November 29, 1979, has requested
an opinion of this Office in regard to the following
proposed action on the part of the Officeof Personnel
Management (OPM):

            * * ,we are considering providing
     by regulation, under our authority in
     sections 5504, 5548, and 6101 of title 5,
     United States Code, that an agency may
     institute the practice of 'rounding up'
     and 'rounding down' to the nearest quarter
     hour (or fractions less than a quarter of
     an hour, i.e., 10 minutes, 6 minutes, etc.)
     for crediting irregular, unscheduled over-
     time worI`under sections 5542, 5544, and
     5550 of fttle 5, United States Code. * * *

     More specifically, the Director's request is
framed against the following interpretive reasoning
and background information:

     In administering the overtime provisions of
     the Fair Labor Standards Act (FLSA), we have


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