OPINION ISSUED JUNE 30, 1992
MARK A. METZ
DIVISION OF FORESTRY
Claimant represents self.
John E. Shank, Deputy Attorney General, for respondent.
This claim was submitted for decision based upon the allegations in the Notice of Claim and the
The claimant seeks unpaid overtime, as determined by the United States Department of Labor, Wage
and Hour Division, Charleston, by audits dated October 24, 1990, October 26, 1990, October 30,
1990, November 5, 1990, and November 19, 1990, respectively. The audits resulted in a
determination that the employee has not been compensated for overtime as the law requires.
Specifically, the audits established that neither Rangers or Service Foresters are in exempt positions
since they spend more than 20% of their time in "routine activities". The respondent has not paid the
requisite overtime, although respondent admits the validity and the amount of the claim. Respondent
states that it does not have a fiscal method to pay the claim.
In view of the foregoing, the Court makes an award to the claimant in the amount of $1,245.68.
Award of $1,245.68.