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

B-212699 1 (1986-02-10)

handle is hein.gao/gaobadmek0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ODCISION oP THE UNITED STATES SWAUI4INGYON. 0. C. 20548 FILE: B-212699 DATE: February 10, 1986 MATTER OF: John Nyberg, et al. - Computation of Overtime Under Title 5, United States Code - Comparison With FLSA Overtime DIGEST: 1. Where General Schedule employees' basic workweek contains hours of work in excess of 8 in a day payable at an overtime rate, these overtime hours may not be counted in determining whether the employees have worked hours in excess of 40 hours in an administrative workweek for purposes of computing title 5 overtime compensation under 5 U.S.C. 5 5542 and the implementing regulation, 5 C.F.R. i 550.111(a). 2. An employee who is nonexempt under the Fair Labor S andards Act (FLSA), 29 U.S.C. §§ 201 et seq., must have overtime compensation computed under both title 5 of the United States Code and the FLSA. The employee is then entitled to whichever computation results in the greater total compensa- tion. The claimants here are entitled to payment under the FLSA since their total compensation computed under that Act is greater than under title 5, United States Code. This decision responds to a request by Ms. Margaret Rhine, Authorized Certifying Officer, Bonneville Power Administration (BPA), that we resolve a disagreement between BPA and the Office of Personnel Management (OPM) concerning the overtime pay entitlements of certain General Schedule employees. The issues are: (1) the proper method for calculating title 5 overtime for the employees under 5 U.S.C. 5 5542 (1982); and (2) the basis for comparing title 5 overtime to the employees' entitlements under the Fair Labor Standards Act, 29 U.S. §§ 201 et seq. (1982), in order to determine which of these two overtime authorities should be applied. __ - I -

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