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Office of the General Counsel
OPM Ref # 9700338
[agency]
Dear Mr. [xxx]:
We have received your report in reference to Mr. [xxx]s back pay claim for alleged forced unpaid overtime. Your agency report does not, however, correctly state the proper standard of review for these types of claims.
Your report recommends that Mr. [xxx]s request be dismissed for lack of official records as evidence of overtime hours worked. Nonetheless, we have long held that initially, the claimant must prove only that he has performed work for which overtime compensation is payable with sufficient evidence to show the amount and extent of his work as a matter of just and reasonable inference.
In this case, the claimant has submitted copies of his personal calendar cataloging dates, times and amounts of overtime hours. Furthermore, the claimant has submitted a June 5, 1988 e-mail message from his supervisor acknowledging that he (Mr. [xxx]) was expected to work over 40 hours each week. There is also a January 18, 1995 memorandum from the Inspector General acknowledging that Mr. [xxx] had made repeated claims for overtime and that his superiors were aware of these claims. Under these circumstances, we believe the claimant has shown that he was induced to work uncompensated overtime.
The claimant, therefore, has shifted the burden to the agency to come forward with evidence of the precise amount of overtime work performed or with evidence to rebut the inference to be drawn from the employees evidence. Accordingly, unless you can send this office such evidence in form of a more thorough administrative report, you must pay the claim.
Very truly yours,
Paul Britner
Senior Attorney