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B-208829 1 (1982-11-16)

handle is hein.gao/gaobadksj0001 and id is 1 raw text is: B-208829 duty was from 5:30 to 11:30 a.m. Upon completion of the training course on the morning of March 18, Mr. Flory proceeded to the airport and departed at 2:35 p.m. on the first available flight to Detroit. Mr. Flory's flight arrived at the Detroit airport at 6:45 p.m. and he then proceeded by automobile and arrived at his residence at 8 p.m. The agency advises that Mr. Flory traveled from Florida to Detroit as a passenger and neither he nor Local 2077 has disputed this statement. Further- more, Mr. Flory traveled from the Detroit airport to his residence as a passenger since he states on his travel voucher that his wife drove. Overtime for Federal employees is authorized by title 5, United States Code, and also by the Fair Labor Standards Act (Act), 29 U.S.C. 201 et seq. for employees who are not exempt from the Act. A nonexempt employee's entitlement to overtime compensation may be based on title 5, the Act, or both. The agency has denied the employee's claim for compensatory time on the basis that his travel- time did not constitute hours of work under either 5 U.S.C. 5542(b)(2)(B) or the Act, 29 U.S.C. 201 et seq. Section 5542 of title 5, United States Code, provides in pertinent part as follows: O(b) For the purpose of this subchapter-- * * * * * (2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless-- (B) the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the per- formance of work while traveling, (iii) is carried out under ardu- ous conditions, or (iv) results from an event which could not be scheduled or controlled adminis- tratively. - 2 -

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