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B-197533 1 (1980-07-01)

handle is hein.gao/gaobadijn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION i J OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197533 DATE: July 1, 1980 MATTER OF: Immigration and Naturalization Service - Overtime compensation for regular part- time employees DIGEST: Regular part-time immigration inspectors are not entitled to special rate of pay provisions of 8 U.S.C. § 1353a because that statute applies only to full-time employees with regular tours of duty. 49 Comp. Gen. 577 (1970). Any change broadening the coverage of the statute should be through legislation. This decision is rendered at the r-equ.st of the Assistant Attorney General for Administration, United States Department of Justice. The issue is whether part-time immigration inspectors with regular tours of duty can be compensated for overtime at the rate &peci- fied in 8 U.S.C. § 1353a (1976), rather than that pro- vided for under the provisions of 'the Federal Employees Pay Act of 1945, 5 U.S.C. S 5542(a)(1976). In 49 Comp. Gen. 577 (1970) we held that part-time immigra.tion inspectors employed on an intermittent basis,-having no regular hours of duty, were not enti- tled to the extra compensation provided for by section 1 of the act of Mar'ch 2, 1931, 8 U.S.C. § 1353a (1970), for overtime work between 5 p.m. and 8 a.m. We find no basis to reach a different conclusion for regular part- time immigration inspectors. In United States v. Myers, 320 U.S. 561 (1944), the Supreme Court considered the question of overtime as it relates to the special Customs overtime act provisions of 19 U.S.C. §§ 267 and 1451. The language of the Customs overtime act is similar to that found in 8 U.S.C. § 1353a, and the Courts have routinely applied payment of the special rate of overtime evenly for both statutes. See Bishop v. United States, 174 Ct. Cl. 31., 38 (1966). The Supreme Court said in Myers at page 571 that:

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