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B-229473 1 (1988-10-07)

handle is hein.gao/gaobadnfu0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20648 Decision Department of Labor - First 40-hour Workweek Matterof- Employees - 10-hour Per Diem Rule File: B-229473 Date: October 7, 1988 DIGEST The Department of Labor is correct in applying Federal Travel Regulations para. l-7.5b(l)(b), which prohibits per diem payments to employees who work a non-standard workday unless the travel period is at least 2 hours longer than the employees' workday, to mine inspectors who work a wfirst 40-hour workweek. The regulation is intended to be applied to variable or flexible workdays regardless of the number of hours worked, or whether scheduled or nonscheduled, as well as to compressed workday schedules. Since in this case the employees' travel from the time they leave home or office until they return is hours of employment for which they receive regular, overtime, or premium pay depending on the specific situation, any expenses they incur during travel on short or long days are expenses employees would normally incur, would seem to average out over a number of days, and are not necessarily incident to the travel status. DECISION This is in response to a request from the Department of Labor (Labor) in conjunction with the National Council of Field Labor Locals (NCFLL), under our procedures in 4 C.F.R. part 22 (1988), for an opinion concerning the application of a regulation governing per diem for travel of less than 24 hours without lodging to employees who work a first 40-hour workweek. For the reasons stated below, we find that Labor is correct in applying this regulation to these employees. BACKGROUND In this case, the employees working a first 40-hour workweek are mine inspectors for the Mine Safety and Health Administration (MSHA). The concept of a first 40-hour workweek is that for employees for whom a regular schedule 0435&ki (7OI(

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