Flexible and Compressed Work Schedules for Federal Employees

Published by the Government Accountability Office on 1977-03-23.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                                                  7"        .i?3   .   ...L . -

01038 -[ 11051894]
                     .1. .,
                         DaCUllift IISUIII

          and Co.pressed lori sQhedules for Federal E.ployeesl.
B-179810. Barch 23, 1977. 2 pp.
Letter ~o da.es B. Prey. Assistant Director for LegislatiYe
Reference, Office of Banage.ent and Budget; by Paul G. De.bling,
General Counsel.
Issue Irea: Personnel Banage.ent and Co.pensatioJl (300,.
Contact: Office of the General Counsel: .Civilian Personnel.
Budget Function: GeJleral Govern_ant: central Personnel
    lIanage.ent (8.05'.
organization concerned: Civil Ser"ice Coaaission.
Authority: Pair Labor Standards Act of 1938, sec. 7 (52 Stat.
    1063; 29 U.S.C. 207,. S. 517 (95th Cong.,.
                                                        Johnnie Lupton
                                                          Cfw. Pers.

                      WASHINGTON, D.C. 20548


l-lr. James M. Frey
Assistant Director for
 Legislative Reference
Office of Management and Budget

Dear Mr. Frey:
      Reference is made to your Legislative Referral Memorandum of
March 8, 1977, Subject: "(1) Civil Service Commission draft bill
'To authorize Federal agencies to experiment with flexible and
compressed employee work sehedules,' and (2) S. 517 'To authorize
employees and aRencies of the Government of the United States to
e:cperiment 'nth flexible and compressed work ochedu1es, tI' that
referred subject legislation to this Office for comment by
March 22 I 1977.
     Various committees of the Congress have requested this Office
to comment on legislation concerning this matter, including S. 517.
As of this date we have not completed our review of such legislation.
However, in order to be responsive to yocr request. we have reviewed
the draft l~gislation you forwarded with your lUftOrandum. That
legislation was initiated as a result of our report, to the Chairman
of the Civil Service Conmission (eSC). entitled '~egal Limitations
on Flexible and Compressed Work Schedules for Federal Employees"
(B-1798l0, dated October 21, 1974).

     We have maintained an informal wor1dnr. relationship with the
CSC throu~hout the drafting of the aforementioned proposed legis-
lation and have had the opport1mity of reviewing several previous
drafts. We believe the present draft is very responsive to recom-
mendations made by this Office.

     We recognize tl1at the changes proposed by the draft bill in
the overtime provisions of title 5 of the United States Code and
in section 7 of the Fair Labor Standards Act of 1938 (52 Stat. 1063,
29 U.S.C. § 207), may cause employees and labor organizations to
become concerned that some potential would exist for management to
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    use new \lork schedules to avoid psyment of overtiDle. However. we
    are of the opinion that the draft bill contains sufficient safeguards
    to preclude such abuses by requiring that overtime officially ordered
    in ~dvance will be compensable.                        .

          The draft bill appears to provide the requisite aut~or1ty and
    flexibility to permit asp-neies to test and experiment with various
    \lork schedules as envisioned in the aforementioned General Accounting
    Office report. Aceordin~ly, \Ie support the bill as drafted and
    recommend no chanp,es at this t1me.

                                      Sincerely yours,

                                      Paul G. Demblinr,
                                      General Counsel

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