Office of the General Counsel

Date: January 19, 2000
Matter of: [xxx]
File Number: S004070

OPM Contact: Murray M. Meeker

The claimant requests back pay for 435 hours of overtime that he worked between October 1996 and July 1997. For the reasons discussed herein, the claim is denied.

From April 1995 to September 1997, the claimant was assigned to the [xxx] Office, [xxx] Air Force Base. In support of his claim, the claimant states that each month he provided his supervisor with worksheets which reported overtime. The claimant states further that his second level supervisor was also aware of the fact that he was working in excess of 40 hours per week. Additionally, the claimant states that it was "implied/induced/expected that he work overtime.

There is agreement between the claimant and the agency that the claimant worked the additional hours. However, as reported by the agency, the evidentiary record does not indicate that the extra hours worked by the claimant were ordered, approved in writing or affirmatively induced by an official with the authority to order or approve overtime.

Congress has expressly mandated that overtime must be "ordered or approved@ by an authorized agency official. 5 U.S.C. ' 5542(a). It is not sufficient that an employing agency have knowledge concerning an employee's performance of overtime. Jim L. Hudson, B-182180, Jan. 6, 1982. Indeed, it is not sufficient that an employing agency have tacitly expected that overtime work be performed. Jim L. Hudson, supra. Not having been ordered or approved, the claim for overtime must be denied. See, e.g., 71 Comp. Gen. 30 (1991).

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.