OPINION ISSUED OCTOBER 1, 1986
BRENT BOGGS
VS.
DEPARTMENT OF CORRECTIONS
(CC-85-343)
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
PER CURIAM:
Claimant was employed by Huttonsville Correctional Center, a
facility
of respondent, from
November 16, 1983 through April 30, 1985 as a Correctional Officer
I. As
a requirement of his
position, claimant was mandated to report 15 minutes early before
each
shift that he worked. As
this requirement was above his 40-hour-per-week responsibility,
claimant
seeks $50.00, which
is his estimation of the amount of compensation due him for the
overtime.
Mr. Paul Gabel, the business manager at Huttonsville, testified
that
claimant had been an
employee of the Huttonsville Correctional Center. Mr. Gabel agreed
that
a directive from
George D. Hampton, III, Assistant Commissioner of Budget and
Administration, was issued on
June 26, 1985. It required Mr. Gabel to compute the overtime of
employees for a period from
July 1, 1984 through June 30, 1985. However, claimant was not an
employee of Huttonsville on
June 26, 1985. Mr. Gabel supplied the Court with copies of the
directive, a Civil Service
Commission ruling on a case similar to claimant's situation, a
statement
from the Department of
Labor indicating that under the Minimum Wage and Maximum Hours
Standard
Act, "... an
employee working over 40 hours per week must be compensated at
ten(10)
minutes per shift at
time and one half his regular rate of pay when overtime violations
occurred,' and time cards for
claimant.
Claimant has proved through the various records presented that he
is
entitled to overtime
compensation in accordance with the Civil Service regulations. For
that
reason, the Court makes
an award of $50.00 to claimant.
Award of $50.00.
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