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B-194217 1 (1979-11-29)

handle is hein.gao/gaobadhtq0001 and id is 1 raw text is: DECIEN31 ILE: B-194217 .kLLF CO. 1,2167 3~ ~.THE! COMPTROLLER GENERAL ' . ar THD UNITED STATEB WASHINGTON. 0* C. 20546 DATE:November 29, 1979 MATTER OF: Overtime Compensation - Immigration Inspectors DIGEST: Immigration inspector entitled to overtime pay under 8 U.S.C. R 1353a for 3.25hours worked on Sunday morning and 3 hours worked Sunday night outside his 8-hour Sunday shift was properly paid I days' pay for time on duty of 6.25 hours, computed as an aggregate of the 2 periods of overtime work. Attorney General did not exceed his broad authority to determine what con- stitutes overtime services under 8 U.S.C. N 1353a in prescribing a midnight-to-midnight cutoff for Sundays and holidays. Also, computation of overtime on second Sunday under similar circumstances was proper. By letter dated September 27, 1979, Mr. James A. Broz has appealed the July 13, 1979, settlement of our Claims Division denying him additional overtime compensation for work performed on Sunday, January 18, 1976, and Sunday, August 22, 19/6. While Mr. Broz does not question the Claims Division's determination that he was paid in accordance with the applicable regulations, he asks whether those regulations are in fact a correct interpretation of the Overtime Act of March 2, 1931, S U.S.C. P 1353a. Mr. Broz is employed by the Immigration and Naturalization Service (INS) as an immigration inspector. As such, he is entitled to overtime compensation for inspectional duties under the following authority of 8 U.S.C. § 1353a: § 1353a. Officers and employees; overtime services; extra compensaton;lengthotworlun day The Attorney General shall fix a reasonable rate of extra compensation for overtiue services of imrinigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o'clock postmeridian and eight o'clock antemeridian, or on Sundays or holidays, tu perform duties in connection with the examination and landing of passengers and crews of steamships,