Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is the deduction of normal commute time supposed to be deducted from compensatory time whether the travel is on a normal duty day or not? A: Yes, your normal home-to-work and work-to-home commuting time will always be subtracted from the amount of compensatory time you receive for official travel to/from your home to a temporary duty station. 5 C.F.R. § 1504(c). Bill Bransford is managing partner of Shaw, Bransford &…
Monthly Archives: April, 2011
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct? A: It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Are FERS annuity retirement benefits subject to garnishment by the state court as a result of a civil verdict? A: That depends on the type of civil lawsuit. Generally, FERS benefits may not be garnished by state courts. This is explained by Title 5 of the Code of Federal Regulations, Part 838. There is an important exception to this rule though. Title 5 of the Code of Federal Regulations, Parts…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is it true that when a federal employee travels on a federal holiday, he or she is compensated with overtime rather than travel comp time? A: Yes, you are correct that a federal employee who is non-exempt from the Fair Labor Standards Act will be compensated with overtime pay when required to travel on a federal holiday. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Does the entitlement to compensatory tie while on official travel apply to contractors? A: Contractors do not receive the same rights and benefits as federal employees, as contractors are employees of the contracting company, not the federal government. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is there a “usual wait time” definition for travel that consists of multiple sets of flights? I have heard that only two hours can be claimed, even if the person traveling has to wait for over 2 hours for the next flight. Is this correct? A: Pursuant to 5 C.F.R. § 1504(b)(1), time in a travel status includes the “usual waiting time that precedes or interrupts such travel,” and the…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Which time zone do you use when you figure travel comp time involving one or more time zones? A: When determining the amount of compensatory time earned by an employee for official travel, the election of which time zone to utilize when selecting your travel start and end times is immaterial, as the employee should be compensated for the total sum of the amount of time spent traveling, regardless of…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: A private sector company has a “no-fault” policy regarding unplanned leave. The company’s policies require an employee must call in at least one hour before the start of their shift. An employee will receive an attendance “demerit” for the unplanned absence if they call in at least one hour before the start of their shift, but will receive both an attendance demerit and a write-up if they do not call…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was terminated from federal employment a few years ago but am currently working for a company under government contract. My current position is about to be reclassified into a government position under the GS schedule. If I am hired for the reclassified position, will I be able to retain my former GS grade and/or step? A: No. If a former government employee is rehired by the government, he or…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was employed with one federal agency (agency 1) and then quit to become an employee of another federal agency (agency 2). As an employee of Agency 1, Agency 1 made a direct payment to my student loans servicer in the amount of $10,000 pre-tax. I am now employed at Agency 2 and am being told by Agency 1 that I owe them for the student loan payment. Is this…