About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-226136 1 (1987-07-13)

handle is hein.gao/gaobadmtl0001 and id is 1 raw text is: 

The Comptroller General
of the United States


/ 3 2y4 2


Washington, D.C. 20548

Decision

        International Association of Firefighters,
 Matterof:Local F-48 - Overtime Compensation

 File:  B-226136

 Date: July 13, 1987


 DIGEST:

 1. International Association of Firefighters, Local
 F-48, requests a determination from this Office on the
 exempt/nonexempt status under the Fair Labor Standards
 Act (FLSA) of supervisory grade GS-7 firefighters.
 Under 29 U.S.C. S 204(f) the Office of Personnel Management
 (OPM) is authorized to administer the FLSA with respect to
 federal employees. Consistent with prior decisions
 recognizing that the role granted to OPM in administering
 FLSA necessarily carries with it the authority to make final
 determinations as to whether employees are covered by its
 various provisions, this Office will not consider the
 claims.

 2.  Supervisory federal firefighters who are exempt
 from the Fair Labor Standards Act but who receive premium
 pay under 5 U.S.C. S 5545(c)(1) on an annual basis for
 regularly scheduled standby duty are not entitled to
 additional overtime pay under 5 U.S.C. S 5542 for work that
 is part of the firefighters' regularly scheduled
 administrative workweek.


 DECISION

 ISSUE

 This action is in response to a request from Mr. Mark D.
 Hutchings, President, International Association of
 Firefighters (IAFF), Local F-48, for a decision on two
 issues. The first issue is whether the Office of Personnel
 Management's (OPM) determination that supervisory grade
 GS-7 firefighters are exempt from the Fair Labor Standards
Act (FLSA), 29 U.S.C. S§ 201 et seq., is proper. The second
issue is whether FLSA-exempt grade GS-7 firefighters






                       (:Dq

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:

Already a HeinOnline Subscriber?

profiles profiles most