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B-233031 1 (1989-07-11)

handle is hein.gao/gaobadnmz0001 and id is 1 raw text is: uThe Comptroller General of the United States Washington, D.C. 20548 Decision Naval Undersea Warfare Engineering Station -- Matter o- Fair Labor Standards Act -- Traveltime as Overtime File: B-233031 Date: July 11, 1989 DIGEST A nonexempt employee under the Fair Labor Standards Act (FLSA), who drives a government vehicle between a temporary duty site and lodgings during hours outside of the normal 40-hour workweek, is not entitled to overtime pay under the FLSA, even though the driver transports another employee, since use of the government vehicle cannot be considered a requirement of the employee's job. DECISION This decision is in response to a joint request from the Naval Undersea Warfare Engineering Station, Department of the Navy, Keyport, Washington (agency) and the Bremerton Metal Trades Council (union). This request has been handled as a labor-relations matter under 4 C.F.R. Part 22 (1988). The issue raised is whether the driver of a government vehicle, while driving between a temporary duty site and lodgings during hours outside of the normal 40-hour workweek, is entitled to overtime pay under the Fair Labor Standards Act (FLSA). We conclude that the driver's traveltime is not compensable hours of work under the FLSA. BACKGROUND The agency tests and evaluates underwater weapon systems and their components, which involves the actual firing of weapons on various underwater ranges including a range site at Nanoose, British Columbia, Canada. The weapons which are tested on the Nanoose Range are transported from Washington State to British Columbia by government trucks operated by two employees, whose positions are WG-8 Motor Vehicle Operators. These employees are nonexempt, i.e. covered by the Fair Labor Standards Act (FLSA). 0c14 99ck / -3111 (, I ' I L - L, /J Al A/

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