Washington, DC

U.S. Office of Personnel Management
Fair Labor Standards Act Decision
Under section 204(f) of title 29, United States Code

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Robert D. Hendler
Classification and Pay Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance


12/01/2016

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Date

Introduction

On October 25, 2013, OPM’s Merit System Accountability and Compliance received a Fair Labor Standards Act (FLSA) claim from Mr. Wayne W. Randall.  The claimant states that he "did not get paid for [his] travel time" from March 26, 2011, through March 27, 2011.  During the claim period, the claimant was employed as an Engineering Technician (Aerospace), YE-802-3, at Edwards Air Force Base, Department of the Air Force (AF), in Kern County, California.  His position was designated by the agency as nonexempt from the provisions of the FLSA.  We received the agency administrative report (AAR) on February 6, 2014.  We have accepted and decided this claim under section 4(f) of the FLSA, as amended, codified at section 204(f) of title 29, United States Code (U.S.C.).

Background

From March 26, 2011, through March 27, 2011, the claimant traveled from Los Angeles, California to Pensacola, Florida for work-related purposes.  The claimant is seeking to be paid for time spent in travel between his home and the airport, time spent at the airport due to landing gear mechanical issues, and the time he spent in a layover.    

Statute of Limitations

The FLSA claims process in subpart G of part 551 of title 5, Code of Federal Regulations (CFR), covers the adjudication and settlement of claims for unpaid overtime.  Any FLSA claim filed by a Federal employee, not otherwise covered by a negotiated grievance procedure which includes FLSA matters, on or after June 30, 1994, is subject to a two-year statute of limitations (three years for willful violations) contained in the Portal-to-Portal Act of 1947, as amended (section 255a of title 29, United States Code).  In order to preserve the claim period, a claimant or claimant’s designated representative must submit a written claim either to the agency employing the claimant during the claim period or to OPM.[1]  The date the agency or OPM receives the claim is the date that determines the period of possible entitlement to back pay.  The claimant is responsible for proving when the claim was received by the agency or OPM (5 CFR 551.702(c)).

Evaluation

OPM received the claim on October 25, 2013.  There is no documentation in the record of the claimant filing a claim at an earlier date with the employing agency.  In fact, in an email to OPM dated May 16, 2016, the claimant states his “only claim” was filed with OPM.  Furthermore, because the claimant preserved his claim on October 25, 2013, the claim period is confined to October 25, 2011, to October 25, 2013.  Therefore, the time the claimant spent on travel from March 26 to March 27, 2011, is time barred and must be denied, as it occurred before the claim period.  The Portal-to-Portal Act does not merely establish administrative guidelines; it specifically prescribes the time within which a claim must be received in order to be considered on its merits.  OPM does not have authority to disregard the provisions of the Act, make exceptions to its provisions, or waive the limitations it imposes.

The claimant states that he did not "receive any meal per Diem or lodging for Sunday 27 March 2011."  Under section 3702 of title 31, United States Code (U.S.C.), OPM adjudicates compensation and leave claims brought by employees who seek to challenge pay or leave decisions made by their employing agency.  Requests for per diem and lodging are under the jurisdiction of the U.S. Civilian Board of Contract Appeals (CBCA), which decides travel, transportation, and relocation claims. 

Decision

The claim is denied since it is time barred.

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