OVERTIME, HOLIDAY AND NIGHT DIFFERENTIAL PAYMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-04914A000200050008-3
• Release Decision: RIPPUB
• Original Classification: R
• Document Page Count: 3
• Document Creation Date: December 14, 2016
• Document Release Date: July 8, 2003
• Sequence Number: 8
• Publication Date: September 14, 1950
• Content Type: MEMO

RESTRICTED
NNE v w vI I CIcaac vaiivv v,n . v via ' ~ w vvw vvvvvvai
l./ ce e?~ZOY'G~~Z ZL??Z UNITED STATES GOVERNMENT
TO Chief, Administrative Staff
THRU . General Counsel
FROM . Budget Officer
O t+'IDENTI' ,.
DATE: 14 September 1950
SUBJECT: Overtime, Holiday and Night Differential Payments
1. The questions raised in the basic memorandum applicable
to the above subject from the Chief, Payroll Branch, to the Chief,
Fiscal Division, under date of 31 August 1950, has been studied
by this office and it is believed that there are certain con-
siderations which should be presented at this time in order that
basic determinations can be made and appropriate regulations issued.
2. It appears that 28 C.G. 405 will throw some light on the
basic questions presented since it is indicated in that decision
that the determination as to whether or not an employee comes within
the Act of 1934 for overtime pay purposes would depend at least,
in part, on whether the Classification Act is administratively
adopted as the basis for "compensation fixing" as distinguished
from those cases where the Classification Act is required by law to
be applied in fixing compensation. it appears that in the case of
CIA employees under present procedures and Agency policy that the
controlling factor is basically one of procedures or methods in
fixing compensation as distinguished from."authority to fix compen-
sation". Since the Agency has adopted the Classification Act and
the applicable rates as a means of establishing salary rates, those
employees who are allocated to basic grades and steps set forth in
the Classification Act of 1949 (Public Law 429) would apparently
not be considered as employees who were being paid in accordance
with wage board determinations.
3. The comments set forth by the Comptroller General in his
letter of 15 November 1949 to the Director of Central Intelligence
are of interest with respect to this problem from two viewpoints
i.e. (1) the obvious indication that under the authority of- Public
Law 110 and the exemption under Public Law )429 the Director of
Central Intelligence has adequate authority to establish and/or pay
such salary rates as he determines appropriate and (2) the fact
that the Agency head has approved certain positions at so-called
super grades which are required to be approved by the Civil Service
Commission under the provisions of Public Law 429 for non-exempt
i+ 11
agencies
d
.
regar
to the second item it may be that there
exists a slight contradiction from a regulatory viewpoint in
ishing rates of pay but also for determining
A
hat is the proper and uniform practice to
s were concerned. If, in the light of the
ification schedules insofar as allocations
hat we should take the attitude that it
ncy at the time Public Law 429 was passed
4A000200050008-3
CONFIDENTIAL
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fact that certain super grades have been established, we are in a firm
Position to hold that such has been the policy of the Agency under the
authority granted the Director, it would appear that existing Agency
regulations and policies should be clarified for the benefit and pro-
tection of paying and certifying officers in connection with both
vouchered and unvouchered activities.
5. As soon as further considerations have been given to this
problem this office will be pleased to assist in developing the
necessary regulations or instructio s The provisions of Administra-
tive Instructions ;:Jos, throw some light on the Agency
policy and intent with respect to adherence to the Classification
~1Ct.
Approved For Release 2003/08/05 : CIA-RDP7 - 914A000200050008-3
25X1
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TED
 STATINTL Approved For Release 2003/08/05 : CIA-RDP78-04914A000200050008-3
Approved For Release 2003/08/05 : CIA-RDP78-04914A000200050008-3