Office of the General Counsel
S96-01588.2
[XXX]
This replies to your letter, which we received on July 21, 1997, disagreeing with our finding that the Office of Personnel Management (OPM) did not have jurisdiction over your claim for Sunday premium pay because the matter was subject to a negotiated grievance procedure. Upon receipt of your letter, we contacted your former employing agency and verified that you were not subject to the collective bargaining agreement in effect at the time your claim arose. Therefore, we may consider your claim.
However, before we may settle your claim, we need more information from you and your agency. For your assistance, we note the following general rules applicable to the payment of Sunday premium pay and overtime pay on a Sunday.
An employee who begins a regular shift on Saturday and on Sunday at 11:46 p.m. and works until 8:16 a.m. and who is given a 45-minute lunch break is entitled to 16 hours of Sunday premium pay. If the employee is not provided a lunch break and works eight hours and 45 minutes, the employee is entitled to overtime pay for the period of work from 7:31 a.m. until 8 :16 a.m. For either day, Sunday or Monday, this 45 minute period is paid as regular overtime, and not as premium pay.
There are a number of factors that may affect an employees entitled to overtime pay, however. As noted above, one factor is whether the employee is provided a duty-free lunch period. Also, time spent is pre- or post-shift activities may or may not be counted as hours of work depending on its duration and type. The criteria for this determination is set out at 5 C.F.R. 550.112(b).
Please re-submit your claim to the personnel office at your duty station with this letter, indicating any discrepancies, if any, between how your were paid and the general rules described in this letter.
TO THE AGENCY: Please review [XXX] claim and the guidelines in this letter. If you deny any part of his claim, please state the reasons therefore in a letter to this office, which you should send, with [XXX] claim, to my attention to: Claims Adjudication Unit, Office of the General Counsel--Room 7535, 1900 E Street NW, Washington, D.C.
Very truly yours,
Paul Britner
Senior Attorney