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B-230414 1 (1989-01-10)

handle is hein.gao/gaobadniw0001 and id is 1 raw text is: of the United State Waskinmgm D.C 20148 Decision William W. Smith, et al. - Overtime Compensation Matter o: Two-Thirds Rule File: B-230414 Date: January 10, 1989 DIGEST Seasonal firefighters who were placed on standby duty may, because of the emergency conditions in effect, be paid under title 5, United States Code, or under the Fair Labor Standards Act, overtime for their entire shift without deduction of 8 hours for sleep and meal time under the two-thirds rule. Further, only bona fide meals may be deducted to determine compensable hours --overtime. DECISION This decision is in response to a request from a Forest Supervisor, United States Forest Service, San Bernardino National Forest, California, for an opinion as to whether 18 firefighters are entitled to overtime pay under 5 U.S.C. S 5542(a) (1982), or under the Fair Labor Standards Act (FLSA), 29 U.S.C. S 201 et se.l/, computed on the basis of the so-called two-thirds =rue.72/ The rule presumes the exclusion of sleep and mealtime From a shift of more than l/ Federal employees engaged in fire protection activities may be entitled to compensation for overtime work under either 5 U.S.C. S 5542 or the FLSA, 29 U.S.C. S 201 et seq. If an employee is entitled to compensation under both laws, that employee receives compensation under whichever law provides the greater overtime benefit. See e-. , 54 Comp. Gen. 371 (1974). Payment for irregular ov-ertime periods of less than 24 hours will generally result in greater benefits if calculated under the provisions of 5 U.S.C. 5 5542. 2/ Under the two-thirds rule, 16 hours of a 24-hour shift involving substantial standby duty represent time in a pay status, and 8 hours of the 24-hour shift are excluded from the calculation of hours worked as time for eating and sleeping.

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