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B-193014(VBG) 1 (1978-11-28)

handle is hein.gao/gaobadtwh0001 and id is 1 raw text is: Alf-, COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C.- 2548 830 In reply refer to B-193014 (VBG) November 28, 1978 The Honorable John J. Cavanaugh House of Representatives Dear Mr. Cavanaugh: Further reference is made to your letter 'of September 13, 1978, requestinf a review of our Claims Division's denial of the claim of for mileage reimbursement from the Depart- ment of Agriculture. The record shows that as a meat grader for the Deoartment of Agriculture's Agricultural Marketing Service (AMS), was required to store meat grading equipment at his home overnight and transport it to and from his worksites each day. Since the time spent by meat graders transporting necessary meat grading equipment and supplies to and from work has been found to constitute hours of work under the Fair Labor Standards Act (FLSA), 29 U. S. C. § 201, et seq. (Supp. IV, 1974), contends that he is also en- iTtTreto mileage expenses for transporting the equipment for the period May 1, 1974, to June 18, 1977. Our Claims Division found that mileage entitlement is not linked to his receipt of overtime compensation under FLSA. In making its determination the Claims Division relied on our recent decision B-131810, January 3, 1978, copy enclosed, in which the identical question of meat graders' entitlement to mileage was considered. We held there that: The provisions of FLSA which concern hours of work do not address the question of mileage. Rather, 5 U.-S. C. § 5704 and the implementing regulations are the sole basis for paying employees' mileage. Accord- ingly, the ruling of CSC concerning hours of work under FLSA has no application to the mileage entitlements of the AMS meat graders. Our Claims Division discussed the Department nf Aoriniilture's policy on the payment of mileage as it relates to as follows:

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