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B-199360 1 (1981-05-05)

handle is hein.gao/gaobadjjd0001 and id is 1 raw text is: 




IECISIC





FILE: B-I

MATTER 0I


DIGEST:


          /'Y  67~2  . pg-I1
THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0.C. 20548




      DATE: May 5, 1981


99360


F: Dian Estrada -bEntitlement to overtime
   pay for travel to training/

1. Army civilian intern who traveled
    to training on nonworkday at time
    and via route selected by agency
    is entitled to credit for hours
    worked under the Fair Labor Stand-
    ards Act for travel time during
    hours corresponding to regular work
    hours. Where intern, for personal
    reasons, traveled at time or via
    route other than time or route
    selected by agency, she will be
    credited with lesser of (1) that
    portion of actual travel time which
    is considered to be working time,
    or (2) that portion of estimated
    travel time which would have been
    considered working time had she
    traveled at time and by route
    selected by Army.


2. An interpretation of 5 U.S.C. 5542
    (b)(2)(B)(IV) that travel to a
    training course which is scheduled
    by employee's agency does not quali-
    fy as compensable travel under that
    section has no relation to whether
    such travel time is hours worked
    under the Fair Labor Standards Act
    (FLSA).

3. If an agency allows an employee to
    schedule travel and the employee
    travels during corresponding hours
    on a nonworkday, the agency may not
    subsequently defeat the employee's
    entitlement to overtime compensation
    by stating that the travel should
    not have been scheduled in the manner

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