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B-199783 1 (1981-03-09)

handle is hein.gao/gaobadjeo0001 and id is 1 raw text is: 







DECISION


WA S H I N G TON.


FILE: B-1

MATTER C


DIGEST:


99783


OATE:Marclh 


q


3F: Christine D. Taliaferro - FLSA
    Overtime - Evidence

1. Where agency has failed to
    record overtime hours as re-
    quired by Fair Labor Standards
    Act, employee may prevail in
    claim for overtime compensation
    hours in excess of 40 hour work-
    week on the basis of evidence
    other than official agency
    records. List of hours worked
    accompanied by recommendation by
    supervisor that claim be paid is
    sufficient to establish the
    amount of hours worked in absence
    of contradictory evidence.


          2. Under Fair Labor Standards Act,
              overtime is computed on basis of
              hours in excess of 40 hour work-
              week, as opposed to 8 hour work-
              day. Additionally, paid absences
              are not considered hours worked
              in determining whether employee
              has worked more than 40 hours
              in a workweek.

     This decision is in response to the request of
Mr. &. Q. Bordleyi Chief, Accounting and Finance
Division, Office of Comptroller, Defense Logistics
Agency (DLA), for an advance decision co cerning the
claim of Ms. Christine D. Taliaferro.

     Ms. Taliaferro, a contract administrator who is
nonexempt from the Fair Labor Standards Act (FLSA),
29 U.S.C. §§ 201-219 (1976), filed a claim With DLA
for 53-3/4 hours of overtime compensation for hcurs
worked during the period of March 19, 1979, through








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THE COMPTROLLER GENERAL
OF THE UNITED STATES

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