About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-208396 1 (1983-03-01)

handle is hein.gao/gaobadkxg0001 and id is 1 raw text is: IV $%LER C 9 Q THE COMPTROLLER GENERAL OECISION *~?.OF THE UNITED; STATES;?,4, WASHINGTON. D.C. 20548 LJNIfl FILE: B-208396 DATE: March 1, 1983 MATTER OF: Frank Newell - Night Differential Pay DIGEST: A Customs Service employee was assigned a long-term project lasting nearly 3 years in which a substantial amount of overtime was performed on an almost nightly basis. The fact that the supervisor did not specifically approve the employee's sched- ule in advance does not bar him from recovering night differential pay. Considering the regularity of the night work, the long duration of its perform- ance, and the knowledge of the Customs Service that it would be required, we hold that the work was regularly scheduled within the meaning of 5 U.S.C. S 5545(a) and is compensable at night pay rates. Mr. M. Joseph Donnelly, Director, Financial Management Division, U.S. Customs Service, Boston, Massachusetts, has requested an advance decision as to whether a former employee of the Customs Service is entitled to night differ- ential pay. For the reasons which follow we find that the employee is entitled to night differential pay under 5 U.S.C. S 5545(a). Mr. Donnelly states that during March 1977 through December 1979, Mr. Frank Newell was an employee of the Customs Service's Financial Management Division. His regular tour of duty was 8:30 a.m. to 5 p.m., Monday through Friday. Mr. Donnelly states that during this time, Mr. Newell was assigned to work overtime in order to implement and then operate a new payroll system. A Mr. Newell has submitted a claim for night differential pay for all of the hours he worked during this period between 6 p.m. and 6 a.m. Mr. Newell bases his claim upon 59 Comp. Gen. 101 (1979). o:;47s L/

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most