Time is On Your Side

If your job is executive, managerial or professional, your work hours most likely are governed by Title 5 of the U.S. Code, rather than the Fair Labor Standards Act. Title 5 says that if you are traveling outside the regularly scheduled work week, and the time is "ordered and approved," you can receive compensatory time if scheduling of the work is not in the government's control.

The key question is, "What is in the government's 'control?'" The Transportation Department employee takes exception to the widespread position that the government almost always has administrative control over scheduling, and thus workers aren't entitled to overtime or comp time.

He points to an Office of Personnel Management ruling last July that says: "The phrase 'could not be scheduled or controlled administratively' refers to the ability of an executive agency . . . to control the event that necessitates an employee's travel. The control is assumed to be the agency's. . . . [But when] an institution outside the government conducts a training course, unless it is for the sole benefit of the government, it is an event that cannot be scheduled or controlled administratively" (OPM FLSA decision F-0640-09-010).

"Most people don't know the rule and most managers, who approve travel, have never read the rule, and therefore no one gets paid," says the Transportation employee. "I think there are a lot of employees who are not being adequately compensated." For more rulings on this topic, including those that define when the government does have control of an event, go to www.opm.gov/flsa/table.htm.

• What takes you to these cities? Meetings, training, inspections? Inquiring minds want to know.
• Do you have favorite places to eat or to stay? Please share your recommendations with other Government Executive readers.
• What do you do in your leisure time? Do you have a special park to walk in? A rockin' bowling alley? A convenient movie theater? Send your tips and suggestions to Lauren Taylor, Travel Editor, Government Executive, 1501 M St., N.W., Suite 300, Washington, D.C. 20005 or to ltaylor@govexec.com. And look for the results in the June issue of Government Executive.

More than 1,500 federal employees-at all levels of travel planning, relocation services, financial systems and meeting planning-and industry mavens will gather. The conference is an opportunity to network; talk to those who make travel policies and rules; learn about travel and relocation trends; see the latest in relocation coordination, information systems, conference planning, best practices and more.

Who: Sponsored by GSA's Office of Governmentwide Policy, the Interagency Travel Management Committee and Government Executive.
What: National Travel 2002
When: June 17-20
Where: The Gaylord Opryland, Nashville, Tenn.
How: Go to www.nationaltravel2002.org or call (800) 315-4333 for more information or to register. Discounted registration ends April 30.

The new rates for federal business travel are:

• Washington and surrounding areas: $196, up from the current rate of $165.
• Seattle: $189, up from $155.
• Portland, Ore.: $129, up from $115.

Washington, Seattle and Portland are being added to the Federal Premier Lodging Program, under which hotels contract with the government to guarantee that a certain number of rooms will be available within the per diem lodging rate. GSA took on the project after workers complained that they frequently were unable to get rooms at or below per diem at many federal destinations.

Thirty-eight properties in Washington, 14 in Seattle and six in Portland will be added to the program, increasing opportunities for federal employees to find affordable lodging in those areas when traveling on official business.

Two years ago, GSA ran a pilot of the program in Boston before expanding it to other cities. Recent contracts were awarded in Chicago, Denver, New York and Jefferson County, Colo. Contracts are pending in Baltimore, Miami, Atlanta, Boston and Memphis, Tenn. GSA plans to have contracts in all of the top 75 government travel destinations by June. Until the contracts are final, per diem rates for those locations remain the same.

Federal employees still can submit complaints about locations where they have difficulty finding lodging within per diem at GSA's No Vacancy Web site (http://policyworks.gov/org/main/mt/homepage/mtt/ perdiem/lodging/novac1.cfm).

Following the IRS' lead, GSA also increased the reimbursement rate for business use of a private vehicle to 36.5 cents a mile (up from 34.5 cents) effective Jan. 21.

-Tanya N. Ballard contributed to this report

If you know of a federal travel or relocation team or project-big or small-that we should shine a spotlight on, contact Jessica D'Auria at (202) 739-8519 or jdauria@govexec.com for an application. The nomination form also will appear on www.govexec.com/travel/award in May.

Judges look for agency programs that:

• Have made great strides in reengineering government travel.
• Adhere to the concept and principles of government reinvention.
• Save money.
• Use staff time well.
• Improve accuracy, productivity and morale.