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…
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 am a law enforcement veteran who sustained an injury while in the performance of duty. I was placed on workers’ comp. Due to reporting errors by the agency, I had to use leave instead of COP. Is it possible, that due to the agency erroneously controverting the original claim, that I have the right to regain lost leave? A: According to the DOL website, an employee may use annual…
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: When an employee is in TDY status, should the employee be paid for the travel time he or she in a government vehicle if it is outside of normal working hours? If an employee has a start time of 6:00 a.m. are they required to report to the vessel at 6 a.m. or start travel to the vessel at 6 a.m.? A: As addressed in our article “TDY and Comp.…
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 possible for a fired injured postal worker who was injured on the job to revisit a claim for compensation? If so, what are the time limits? A: Because you are no longer employed by the Federal government, you should submit the completed form to the Federal agency where you last worked when the injury or disease was sustained. It is unclear whether you have already filed a claim…
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: There is a lot of favoritism shown in my agency. What is the best way for management to avoid it? A: Your question does not have a specific answer. Instead, it is rooted in leadership, fostered and developed in training and career development of future leaders. It requires a lot of hard work to change what you describe as a dysfunctional culture. Bill Bransford is managing partner of Shaw,…