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B-202049 1 (1981-08-05)

handle is hein.gao/gaobadjpo0001 and id is 1 raw text is: 



DECISION





FILE: B-202049


THE COMPTROLLER 0 ERAL
OF THE UNITED STATES
WASHINGTO:N.  D C. 20548




       DATE: August 5, 1981


MATTER OF: Durwood H. Nolin - Claim for Overtime
               Compensation


DIGEST:


Employee seeks overtime compensation for time spent
traveling in Government bus to and from quarters and
actual worksite. Compensation may not be paid since
travel was not within the regularly scheduled
administrative workweek of the employee. 5 U.S.C.
§ 5542(b)(2).


     This is in response to a request for reconsideration of the
denial by our Claims Group of a claim by Durwood H. Nolin for
overtime compensation for the hours spent commuting to and from
his worksite in a Government bus.

     Mr. Nolin contends that between October 26, 1979, and
January 5, 1980, he was forced by his employer, the Department of
the Army, to lodge in Eilat, Israel, 50 miles from the worksite.
He was transported to the worksite and back by Government bus, a
trip of approximately 70 minutes each way. Mr. Nolin states that
he lodged in Eilat solely for the convenience of: his employer;
therefore, the bus ride was official travel for which he should
be compensated.

     Relying on 5 U.S.C. § 5542(b)(2) (1976), as well as a report
from the Department of the Army to this Office which said that
Mr. Nolin's travel did not satisfy the necessary criteria and thus
may not be considered compensable traveltime, our Claims Group
denied Mr. Nolin's claim.

     Section 5542(b)(2) provides as follows concerning computation
of hours of overtime:

          (2) time spent in a travel status away
     from the official duty station of an employee
     is not hours of employment unless--

               (A) the time spent is within the
          days and hours of the regularly scheduled
          administrative workweek of the employee,
          including regularly scheduled overtime
          hours; or

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