Appeal of Claim for Overtime Compensation

A Federal employee appealed a Claims Division's denial of his claim for overtime compensation. The claim was the result of the employee's contention that he was required to remain in a standby status while he was employed as a mechanic by the Army Corps of Engineers. The employee claimed overtime compensation for more time than in his original claim, and he also claimed that he was entitled to compensation both under the Fair Labor Standards Act and the Federal regulation which he had previously cited. The employee occupied Government-owned housing at a dam site. He had been notified that, if he were present at the site after his normal tour of duty, he would be expected to respond to any emergency which occurred after normal duty hours and that he would be paid for such work at overtime rates. A portion of the claim was barred by a statute of limitations, which provides that GAO claims shall be barred unless received by GAO within 6 years after the date the claim accrued. Although it was contended that the delay in filing the claim was due to negligence on the part of the agency, not the claimant, GAO has no authority to waive such a statute or to modify an application. Overtime pay is allowed under the applicable Federal regulation and the Fair Labor Standards Act only where an employee's movements are narrowly limited and his activity is severely restricted and where his status was in effect one of ready alert. In this case, the employee was no longer restricted to the site after his regular duty hours. Accordingly, GAO held that the employee was not entitled to overtime compensation under the Fair Labor Standards Act nor under the applicable Federal regulation, and the denial of his claim by the Claims Division was upheld.