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B-203650 1 (1982-03-22)

handle is hein.gao/gaobadkej0001 and id is 1 raw text is: b iorCI6ION THE COMPTROLLER GENERAL OF oTHEUNITEo STATU WASHINLITON, D.C, 2O4B B-203650 DATE: March 22, 1982 MATTER OF: Daniel DIaErST: I, Wf McConnell Employee at dam reservation claims overtime compensation for standby duty. Although he was required to live in Government-owned housing on the dam reservation the agency determined that effective January 10, 1971, he would not be required to remain at the dam reservation after the end of his regular duty hours. Under the circumstances, he is not entitled to overtime compensation under 5 U.S.C. § 5544(a) since his off-duty movements and activities were not severely restricted. In addition, such off-duty time is not compen- sable as hours of work under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. 2. Employee is not entitled to overtime compen- sation under 5 U.S.C. § 5544(a) during period he was restricted to dam site since he has not sbwn that he was in effect required to be on ready alert as in jyde v. United States, 209 Ct9 Cl. 746 (1976). There is nothing in the record to indicate that claimant's activi- ties were often interrupted by an emergency or other work situation requiring prompt attention. This action results from the appeal by Mr. Daniel 11. 14cConnell, personally and through his attorney, J. Michael Jones, of our Claims Division's denial of his claim for overtime compensation during the period from July 22, 1968, through September 4, 1975. This claim is the result of Mr. McConnell's contention that he was required to remain in a standby status while employed by the Department of the Army, Corps of Engineers, Buffalo District, as a maintenance mechanic (formerly dam repairer) at the Mt. Morris Dan, New York. fir. McConnell now claims overtime compensation for the additional period to February 4, 1981, the date he was no loncer required to occupy Government-owned housing at the site of the dan. While the Claims Division considered his entitlement to overtime compensation under 5 U.S.C. § 5544(a), he now claims overtime entitlement under that and the addi- tionl authority of the Fair Labor Standards Act, 29 U.S.C. § 201 at seq. The disallowance of his claim by the Claims Division is suistained since, for thie reasons set forth below, FILE:

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