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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.