United States v. Myers
Headline: Court clarifies that customs inspectors must receive extra pay for work on Sundays and holidays regardless of hours or schedule and confirms overtime rules for long daily shifts.
Holding: In response to a clarification petition, the Court ordered that the statute be read to require extra pay for customs inspectors working on Sundays and holidays regardless of hours or regular schedules, and affirmed related overtime rules.
- Requires extra pay for inspectors who work on Sundays and holidays.
- Treats overtime over nine hours as payable, including Sundays and holidays.
- Prevents assignments that would remove Sunday or holiday pay under section 5.
Summary
Background
This order amends and clarifies the Court’s earlier opinion about pay for customs inspectors. The dispute concerns whether inspectors must get extra compensation for work on Sundays and holidays even when they work regular daytime hours or within a normal weekly tour. The opinion traces earlier law: an older statute allowed extra pay only for nighttime work, a 1911 Act added Sunday and holiday pay, and a 1920 amendment explicitly mentioned pay for late-night, Sunday, or holiday duty.
Reasoning
The Court construed the current statute to require extra compensation for inspectors who work on Sundays and holidays without regard to the hour of day or whether the work is part of a regular schedule. The Court explained that the proviso in section 5 allows adjustment of hours but does not authorize assignments that would eliminate Sunday or holiday pay, and it leaves the earlier grant of extra compensation for those days in effect. The opinion also states that overtime pay applies on Sundays and holidays when an inspector works longer than nine hours with one hour off for food and rest, and that the overtime rate is the same as for weekdays.
Real world impact
The ruling affects customs inspectors and the Collector of Customs’ payroll decisions. Inspectors who work on Sundays or holidays should receive extra compensation even if those hours fall within a regular tour. The decision also confirms overtime pay rules for long workdays and limits the Collector’s ability to assign hours to avoid paying Sunday or holiday premiums. Administrative practice was described as uncertain, but historical testimony and findings show extra compensation has sometimes been paid, and the Court’s clarification preserves that right.
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