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B-198385,B-198386,B-198400 1 (1981-09-10)

handle is hein.gao/gaobadjsg0001 and id is 1 raw text is: TH ~r~P~#Ii~ER GENERAL mcusl.o OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-198385, B-198386, DATE: September 10, 1981 and B-198400 MATTER OF: John B. Schepman, et al. - Over1time Compensation for Travel'7 _4 DIGEST: 1. Entitlement to overtime compensation while in travel status under 5 U.S.C. § 5542(b)(2)(B)(iv) requires at least that: (1) travel result from event which could not be scheduled or con- trolled administratively, and (2) im- mediate official necessity in connec- tion with event requiring travel to be performed outside employee's regular duty hours. In instant case, neither condition was fulfilled, and request for overtime compensation is denied. 2. Our so-called two-day per diem rule merely governs payment of per diem when employee delays travel in order to travel during regularly scheduled working hours. Entitlement to over- time compensation, however, is deter- mined by the distinct criteria under 5 U.S.C. § 5542(b)(2) as interpreted by our decisions. Mere compliance with two-day per diem rule will not result in payment of overtime compensation since per diem and over- time are governed by different criteria. This decision is in response to consolidated ap- peals by Messrs. John B. Schepman, H. Paul Ringhand, and Leland R. Alexander, employees of the Food and Drug Administration (FDA), Department of Health and Human Services, Cincinnati, Ohio, from our Claims Group's actions of December 21, 1979, Settlement Certificate Nos. Z-2818652, Z-2818653, and Z-2819227, respec- tively, denying their requests for overtime compensa- tion. The above-named employees (hereafter claimants), along with several others, were required to travel from their duty station in Cincinnati, Ohio to Cleveland, Ohio, on November 6 or 7, 1978, on very short notice. 111 3i4r

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