Office of the General Counsel

In Reply Refer To: Your Reference:

Date: May 26, 1998
Matter of: [xxx]
File Number: 98001515

OPM Contact: Joann Charleston

A former employee of the Department of the Navy requests that we review her claim for overtime compensation.

This claim was submitted by a former employee of the [xxx]. The employee contends that because she had to remain at her duty area during her 30 minute lunch breaks she is entitled to overtime pay.

Under the provisions of 5 U.S.C. 5542, overtime must be paid when an official with competent authority orders or approves hours of work in excess of 40 hours in an administrative workweek or in excess of 8 hours in a day.

There is no evidence in the file to show that the employee was officially ordered or approved to work during her lunch breaks. Furthermore, the fact that an employee is required to eat lunch on the premises and to be in a duty status and subject to call during such periods does not automatically make such period overtime Raymond A. Allen, B-188687,September 21, 1977.

We are required to settle claims only in accordance with the applicable laws and regulations, and we cannot waive or modify their provisions in individual cases. Accordingly, the claim is denied.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.