REQUEST FOR INTERPRETATION OF AGENCY POLICY AND FEDERAL REGULATIONS AS THEY APPLY TO OVERTIME ENTITLEMENTS OF TWO OFFICE OF LOGISTICS SAFEHOUSE KEEPERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-01004R000300120016-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 12, 2016
• Document Release Date: December 13, 2001
• Sequence Number: 16
• Publication Date: August 31, 1978
• Content Type: MF

Approved iY 2002/05 a A 06P 0300120016-2
OGC 78-5783
31 August 1978
MEMORANDUM FOR: Chief, Position Management and
Compensation Division OGC Has
STATINTL FROM
assistant Genera! Lunsel
Request for Interpretation of Agency
Policy and Federal Regulations As They
Apply to Overtime Entitlements of Two
Office of Logistics Safehouse Keepers.
Reviewed
1. You have requested our opinion on (a) whether
annual premium pay in lieu of administratively uncontrollable
overtime may be paid to employees under a Federal wage grade
system and (b) whether FLSA overtime entitlements apply to
hourly employees paid on an actual employment basis. You
have concluded that wageboard employees would not be entitled
for such premium pay since (a) they are under the Federal
wage grade system, and (b) Agency regulations make no
provisions for annual premium pay for such individuals.
Likewise, you feel that FLSA overtime entitlements do not
apply to WAE employees, since this concept, in your view,
applies only to salaried employees.
2. After researching the appropriate statutes and
regulations, including FPM 532-1 of Chapter 8, FPM Supp.
990-2, I have concluded that your statement of the applicable
law is accurate. Further, your conclusion that overtime
which is currently being performed by subject employees
(whether authorized, suffered, or permitted) is payable
under the provisions of FLSA and must be compensated at one
and one-half times the regular rate of pay is correct.
3. This Office has no legal objection to your sug-
gestions contained in paragraph 3 and paragraph 4 as solutions
to solving the problem which is presently faced by the
Office of Logistics with respect to its employees. A deter-
mination as to which method to utilize is basically a
policy decision and can be more appropriately handled by the
Office of Logistics in coordination with your office.
Approved For F~0_O,ATI~E ~~~~~83-01004~R000300120016-2
GE ONILY