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B-223775 1 (1988-02-12)

handle is hein.gao/gaobadmzl0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Henry G. Tomkowiak, et al.--Overtime Compensation- Civilian Police Officers File: B-223775 Date: February 12, 1988 DIGEST 1. Federal employees are covered by 2 statutes requiring compensation for overtime work, the Fair Labor Standards Act, or FLSA, and the Federal Employees Pay Act, commonly called title 5 overtime. Under this dual coverage, where there is an inconsistency between the statutes, employees are entitled to the greater benefit. 2. Civilian police officers who were required to report 15 minutes early to perform preliminary duties before beginning their regular shift each workday, and who had a 30-minute meal break during each shift, are entitled to overtime credit for both the preshift work and the 30-minute meal break under section 7(k) of the Fair Labor Standards Act (FLSA). Under this FLSA provision applicable to law enforcement personnel, mealtimes, duty-free or otherwise, are counted in determining entitlement to overtime compensation. 3. Civilian police officers required to report for duty at least 15 minutes prior to the start of each shift may be allowed overtime credit for their-preshift services under the Federal Employees Pay Act, title 5 of the United States Code, 5 U.S.C. S 5542. They may nQt be allowed credit for their meal breaks under the standards prescribed for title 5 overtime, however, where it appeared that they were relieved from their posts during these breaktimes and were required only to remain in contact by radio for recall on an occasional basis in emergency situations. 4. Fair Labor Standards Act claims and overtime claims under 5 U.S.C. S 5542 which are filed with the General Accounting Office (GAO) are both subject to the 6-year statute of limitations under 31 U.S.C. S 3702(b)(1). Since claims were filed in GAO on December 7, 1981, March 11, 1982, and March 16, 1982, portions of claims

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